What to do if I a friend sold me a cell phone which was working but I found out after a couple of weeks that it was not finished being paid for?

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What to do if I a friend sold me a cell phone which was working but I found out after a couple of weeks that it was not finished being paid for?

The phone has since been deactivated and unavailable for use. The phone provider is requesting $105, the remaining balance of the phone, in order to reactivate the phone. Am I able to sue my friend for the balance due on the phone since I am unable to use the phone I was sold even though the money is due to the company and not to me?

Asked on January 29, 2014 under Business Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you most likely can sue your friend, under one or more of the following theories: 1) breach of contract (he did not give you what you paid him for--a phone that would keep working); or 2) fraud (if he knew or reasonably should have known this would have happened and, knowing that, still misrepresented or lied to you). However, it is questionable whether it is worth the cost and time to sue over $105.


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