Buffan00 Posted December 10, 2008 Posted December 10, 2008 So, im on craigslist and respond to an ad for a 7" dvd system for my van. It was 150$ and the ad said worked great! So i meet this guy, pay him 150 and go to the audio center for install and they say its fried!! So I then have to pay them 75 MORE dollars to put my old one back in to the car! I call the guy back and he says the ad stated "as-is" in it so he was NOT going to pay me back! Am I out here? Do I have ANY rights? Is small claims court a possibility?? He told me to never call him, but to contact his lawyer and he gave me the #. What do you guys think?? What should I do, eat it and resign to the fact I was ROBBED!!
Tortured Soul Posted December 10, 2008 Posted December 10, 2008 I have my contracts final Monday. You have a valid claim. Just because the ad says "as is" doesn't override his other claim that it works great. His failure to live up to that condition still qualifies as breach of contract. A reasonable understanding of the two terms together would be the player works but may contain a scratch here and there. Law school!!!!!
KD in CA Posted December 10, 2008 Posted December 10, 2008 I'd SHIV the Mo Fo!! Clearly this is option one. Then take his estate to small claims court. Then, don't buy crap on Craigs list anymore.
erynthered Posted December 10, 2008 Posted December 10, 2008 Damn, beat me to it. I loved the line so much, I stole it!!
Steely Dan Posted December 10, 2008 Posted December 10, 2008 I have my contracts final Monday. You have a valid claim. Just because the ad says "as is" doesn't override his other claim that it works great. His failure to live up to that condition still qualifies as breach of contract. A reasonable understanding of the two terms together would be the player works but may contain a scratch here and there. Law school!!!!! This call his lawyer stuff is just a bluff. He's trying to scare you. He's full of crap if he thinks he can win. Take him to court. "As Is" without expressly stating in the ad that it doesn't work at all is fraud. A buyer has a right to believe that it will be in working order. Hiding a material fact is not overridden by "As is". Screw calling his lawyer take him to small claims court. My legal advice is courtesy of Peoples Court. The guy is banking on your not wanting to take him to court over $225.00 I'd do it just for the satisfaction. Also, report him to Craigslist. I hope you have a copy of the ad from Craigslist. I wonder if they'll be able to send you a copy if you don't and the ad is taken down already.
tennesseeboy Posted December 10, 2008 Posted December 10, 2008 I think shivving the mo fo is the best advice. Fees, a day off work, and going before some town justice who doesn't give a sh-- is hardly worth the aggravation. The ad says "as is" and all you have for certain is some garage guy who probably won't come to court who will sign some affidavit saying it was "fried" (whatever that means). You are going to put 800 worth of headache into a minor ripoff... Shiv him and be done with it.
John Adams Posted December 10, 2008 Posted December 10, 2008 So, im on craigslist and respond to an ad for a 7" dvd system for my van. It was 150$ and the ad said worked great! So i meet this guy, pay him 150 and go to the audio center for install and they say its fried!! So I then have to pay them 75 MORE dollars to put my old one back in to the car! I call the guy back and he says the ad stated "as-is" in it so he was NOT going to pay me back! Am I out here? Do I have ANY rights? Is small claims court a possibility?? He told me to never call him, but to contact his lawyer and he gave me the #. What do you guys think?? What should I do, eat it and resign to the fact I was ROBBED!! Call him anyways. Don't bother with his lawyer. Tortured Soul summed up your rights but they don't mean much. You'll never hire a lawyer. If he doesn't cave and you want your pound of flesh, go to small claims court, but you will need his name and addy.
taterhill Posted December 10, 2008 Posted December 10, 2008 post his number here....lets have some fun with the guy
buffaloboyinATL Posted December 10, 2008 Posted December 10, 2008 Call him anyways. Don't bother with his lawyer. Tortured Soul summed up your rights but they don't mean much. You'll never hire a lawyer. If he doesn't cave and you want your pound of flesh, go to small claims court, but you will need his name and addy. Also, feel free to share his number here as well. I am sure many of us would be willing to place calls on your behalf as well. If he is at all attached to his current phone number he would not want to change it just to avoid you and your faithful supporters.
MattyT Posted December 10, 2008 Posted December 10, 2008 I have my contracts final Monday. You have a valid claim. Just because the ad says "as is" doesn't override his other claim that it works great. His failure to live up to that condition still qualifies as breach of contract. A reasonable understanding of the two terms together would be the player works but may contain a scratch here and there. Law school!!!!! Sounds great, but how much more is he going to end up paying to recoup his $150?
RayFinkle Posted December 10, 2008 Posted December 10, 2008 So, im on craigslist and respond to an ad for a 7" dvd system for my van. It was 150$ and the ad said worked great! Did he say "worked great!" or "works great!"?
Steely Dan Posted December 10, 2008 Posted December 10, 2008 Call him anyways. Don't bother with his lawyer. Tortured Soul summed up your rights but they don't mean much. You'll never hire a lawyer. If he doesn't cave and you want your pound of flesh, go to small claims court, but you will need his name and addy. BTW, you will need a statement from the installer because his defense is going to be that the installer fried it. Also whip him off an email about it. You can use his response in court. post his number here....lets have some fun with the guy I don't pay long distance charges I'm in. Also, feel free to share his number here as well. I am sure many of us would be willing to place calls on your behalf as well. If he is at all attached to his current phone number he would not want to change it just to avoid you and your faithful supporters. Once again, I'm on board. Sounds great, but how much more is he going to end up paying to recoup his $150? To me it would be about principle. This guy is a sheister and needs to be given his just deserts. Court costs are paid by the loser.
Steely Dan Posted December 10, 2008 Posted December 10, 2008 Did he say "worked great!" or "works great!"? I don't believe that matters at all.
RayFinkle Posted December 10, 2008 Posted December 10, 2008 I don't believe that matters at all. You're right. Either way I'm not giving him his $150 back.
PastaJoe Posted December 10, 2008 Posted December 10, 2008 Did he say "worked great!" or "works great!"? I think that's the key. If it said "worked great", the guy could claim he figured someone could buy it and repair it. Past tense is past tense.
Tortured Soul Posted December 10, 2008 Posted December 10, 2008 Sounds great, but how much more is he going to end up paying to recoup his $150? They didn't teach us that yet.
BUFFALOTONE Posted December 10, 2008 Posted December 10, 2008 post his number here....lets have some fun with the guy beat me too it
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