What are my rights regarding the purchase of a defective item?
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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 13 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.
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