Can I sue someone for something I bought off them?
I bought an iPhone 7 off a guy on instagram (he said it was unlocked) and it turns out it wasn't and the whole process to get it unlocked was too much. I tried asking for my money back starting a month ago (a few days after buying it) and I've been put on hold up until now. Now he's saying he won't give me my money back ($550) what can I do? Can I take legal action?
You should of gotten it on eBay
You sure can
Sure, you can sue him in small claims court but you will need an address for him. It will be a huge benefit if you have anything in writing or a saved text or email message where he specifically states that the phone was not locked. Even without that you can probably still successfully sue him because regardless of what he said, you have a reasonable expectation that the phone would not be locks (called an implied warrantee).
Yes, you can sue him, but you'll lose. Under US law, such transactions fall under the principle of caveat emptor, i.e., "let the buyer beware." A person is allowed to say whatever they want when they try to sell something. It's called "puffing." Unless it's been provided to you in writing as part of a signed sales contract or receipt, it doesn't matter a bit if that "puffing" was all a lie. That's why someone selling their car can tell you that it was driven by their dear ol' granny only once a week to go to church even though the person who really drove it was their son who drove all day every day like a bat out of hell. Just like you won't win a law suit against that person, you won't win a law suit against the seller of iPhon who told you it was unlocked. It's on you to determine if what they tell you is true BEFORE you buy it. If that means having someone else look at it or inspect it, that's what you do, and if they don't agree to that, then you don't buy the phone. Once you pay him and accept the phone, though, it's as-is with no implied warrantee and no recourse for you if they told you nothing but a pack of lies about it.
Doubt it. You bought it "as is." The guy will say he thought it was unlocked. The judge will wonder why you didn't bother to check this little issue before you handed over money. People do it every day. In fact, if you're going to be dumb enough to buy a used phone thru dubious means, you should do it locally, arrange to meet the person in front of the nearest apple store, so you can walk in with the guy and have it checked. If the guy doesn't show up, you're not out money.
If you sue for fraud, based on the claim that he lied about it being unlocked, you have a shot. Whether you can prove it up is another question. You will need to find out the seller's actual name and where he is located. You will probably have to sue in his county. You may be able to do that in small claims court.
Sue. Small claims. He knowingly sold defective merchandise. It may even be stolen
If you have not filed a police report for fraud, you have zero chance of winning any civil lawsuit. File a fraud complaint. The police may or may not investigate depending on where you live/how busy they are. Yes, you can sue. If you don't know how to prove your case, consult a lawyer. There are a few things you need to do to take to court to prove your case.
If you have not filed a police report for fraud, you have zero chance of winning any civil lawsuit. File a fraud complaint. The police may or may not investigate depending on where you live/how busy they are. Yes, you can sue. If you don't know how to prove your case, consult a lawyer. There are a few things you need to do to take to court to prove your case.
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