Purchased, and discovered it was the wrong product later when broken

[thesequestions]

What is the name of your state?What is the name of your state? KY & FL

Hello,
In a situation where one individual (in KY) purchases from another individual (in FL), and no warranty is stated. 6-9 months later, the buyer damages the purchased product, and opens it to inspect the damage (assuming responsibility for the damage). When the product is opened, it is clear he was given a rear carrier (car part) worth ~$100 rather than the $1100 one he paid for.

There are over 30 emails documenting the purchase of the $1100 part, making a clear distinction that it is not the $100 part.

The seller states there is no warranty, and it basically is not his problem because it was used without complaint for 6-9 months and the buyer is only coming back now that it is broken.

What happens in this situation? The buyer paid $1100 for something and never received it - but he did use and damage the $100 part he received without complaining until it broke (and was opened, to discover the lesser internal parts)

Anywhere either of the parties can start with this?

Thanks

 

[dallas702]

Sue where the transaction took place. If the part was not the one which was supposed to be, and the fact that it failed might be more proof that it was inferior, the buyer has a right to his money back. Fraud is fraud, no matter how much the wrong product was used. Even if called a "mistake", the part is still NOT what the buyer paid for and the deal must be undone. As long as it can be proven without a doubt that the seller gave the buyer the wrong part, the seller is liable and will lose in court.