What are my rights regarding the purchase of a defective item?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights regarding the purchase of a defective item?

Yesterday, I bought an iPod from a person off of Craigslist. I paid $50 for the iPod. Today I found out that it was broken and there are a lot of problems that she had lied about. I told her that I wanted my money backand I would return the iPod. She refused. I said that I would cancel payment on itand I told her that I would give her the iPod back if she returned the $30 it took me to cancel the payment. She will also get charged $12 if I cancel it. She says that because I canceled payment, she doesn’t have to pay the $30 to get the iPod back. Do I have to return it without be paid the $30?

Asked on September 3, 2010 under General Practice, Idaho

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, absolutely not.  You do not have to return the item and not get your money back.  In fact, I would contact the Legal help desk on Craigslist about the posting.  It was fraudulent and Craigslist does not want their forum to come to be known as a scammers haven.  Then you have to make a business decision: spend the $30 and save the $20 or possibly lose the $50 entirely.  I personally would do the former and then sue her for the $30 and the court fees.  You can also post to craigslist about the post from what I understand, indicating that it is indeed a scam.  Do not let her get away with this.  There are many laws that she has violated here.  Keep your e-mails for proof.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption