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-   -   Bought item off craigslist but not as described (https://www.askmehelpdesk.com/showthread.php?t=778752)

  • Dec 14, 2013, 11:32 PM
    cbentley
    Bought item off craigslist but not as described
    Basically I repair tvs and I usually buy TVs that quit working on craigslist to repair and resell. However I had bought a TV that was told to not be turning on so I figured it was something I can fix. Bought it and later took it home and plugged it in to see what it was doing. To my amazement the set had powered on and stayed on, so no problem there. My issue is the TV had a crack in it internal glass which can't be repaired. Before I bought it I asked the guy if it had any cracks and he said no and it just wasn't turning on. Well he clearly lied about it not turning on which leaves me to believe he knew it was cracked as well otherwise why would he sell it. I wanted to know what I can doto get the money back as I have all the texts showing what he said and I have his full name and know what general area he stays in
  • Dec 15, 2013, 01:21 AM
    Fr_Chuck
    You can try and first ask him. If not, you can sue in small claims court.

    The issue is, if you had to open the TV set up to see a crack in something. Not visible from outside. A normal average person WOULD NOT know. I would know the screen and frame is not cracked. If I had a unit not working.

    When you buy old TV not working, that is the risk you take. I believe the court would feel you were buying a non working set, "as is" and I personally see little merit
  • Dec 15, 2013, 07:13 AM
    cbentley
    Well see I didn't have to open the TV to findout anything because I purchased the TV on the account that the owner had told me in text messages that the TV wouldn't turn on. But when I got home an plugged it in there was absolutely nothing wrong with it. And it was then that I could see the big crack which I had clearly asked him in the text. He had to know it was cracked because why else would he sell a TV that worked fine. He never said as is in the sale, and I have multiple emails an texts showing that. And when I tried calling I got his voicemail that said johns computers. So I think he runs some kind of computer repair, can I sue for business fraud if that is the case
  • Dec 15, 2013, 07:22 AM
    AK lawyer
    Fr_Chuck gave you an accurate answer: you can sue in small claims but it is likely the judge will rule that you bought it as is. So, if you want a second opinion now you have it.

    If it works but has a crack, wouldn't you be able to re-sell it to at least recoup your investment?
  • Dec 15, 2013, 07:35 AM
    J_9
    Have you ever heard the term "caveat emptor?" Let the buyer beware. You should have been given the opportunity, or requested the opportunity, to plug the TV in and try it out before buying.
  • Dec 15, 2013, 08:33 AM
    odinn7
    Most things you buy used are simply considered as-is. You got good advice already....live and learn. From now on, don't buy it if you can't try it out first.
  • Dec 15, 2013, 11:29 AM
    ma0641
    Craigslist AS-IS. Would probably cost you more to file in small claims court.

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