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Vancouver Off-Topic / Current EventsThe off-topic forum for Vancouver, funnies, non-auto centered discussions, WORK SAFE. While the rules are more relaxed here, there are still rules. Please refer to sticky thread in this forum.
When you buy a used product, is there any legal recourse once you buy it? Isn't it sold, "As is".
Or is it because you had a contract?
Would that contract hold up in a court of law
(I'm just curious)
It's sold as-is if it's declared as-is. If I make declarations on my advertisement on Craigslist stating that the computer is in "perfect working condition", "10/10," "full remaining Apple Care in effect," then I am implying additional conditions and promises to the deal. A deal which is officially a contract regardless of whether it's oral or written.
It's not because of the nature of Craigslist but it's because of the nature of the goods being sold and bought that determines what level of recourse you may or may not have. Generally, used goods won't have an implied warranty unless otherwise stated. It also makes a difference that the seller KNEW the product was defective/damaged BEFORE selling it to me.
not even half a week into 2016 and we already have a new scammer thread going
but yes i'm glad he's refunded your money. I'd like to learn more about the legalities of selling thing secondhand...i thought it was fully on the buyer to make sure the item checks out...is there a difference between lying as a seller when you're asked if something is wrong vs no full disclosure if the buyer doesn't do his/her due diligence?
Last edited by twitchyzero; 01-04-2016 at 09:37 PM.
used goods are sold as is in most cases, unless explicitly stated the buyer is providing some kind of warranty on the sale.
the important part is a sale can be considered fraudulent if the seller KNOWINGLY deceives the buyer. in that case, the buyer could potentially have recourse in small claims court to claim damages. but you have to prove the seller knew what he/she was stating is false.
ad example a: Car for sale, 100,000 kms, good condition, all maintenance records, $5000.
buyer buys the car. car breaks down a few days later. sale was as is. such is life. the seller didn't know the car was about to break down. just bad luck.
ad example b: Car for sale, well maintained, no accidents, $5000.
buyer buys the car. finds out later the car had major body work after an accident. buyer can potentially go after the seller in small claims for misrepresentation.
i'm not a lawyer, but that's the basic principle as far as I'm aware.
but in any case, you need proof. the apple records of the seller already bringing the computer for repairs were the key for the OP.
my $0.02 is don't ever buy on CL unless you're willing to accept there's a small chance you may be scammed. want a warranty? always buy retail. that's just my opinion. CL is not worth the hassle of dealing with lowball offers, meeting up with no shows, then find out you got scammed, just to save a couple hundred bucks? no thank you! just save more money and buy it new.
not even half a week into 2016 and we already have a new scammer thread going
but yes i'm glad he's refunded your money. I'd like to learn more about the legalities of selling thing secondhand...i thought it was fully on the buyer to make sure the item checks out...is there a difference between lying as a seller when you're asked if something is wrong vs no full disclosure if the buyer doesn't do his/her due diligence?
im interested in what happened to that guy falling into that hole
I was selling my old iphone 5s on CL during the holidays, i met the guy at wind mobile, they put in the sim card and made a call to another phone. It rang and he paid me the money and i left.
The next day , he calls me and said the hearing piece is quiet and the mic is not working. Then i remembered that i had the same problem. I didnt state this problem on my CL post. I agreed to refund his money. We met up a couple hours later and i didnt take a detail look at the phone when we were meeting up and he was eager to leave.
Then i made a post at half the price i asked for previously with the headset problem. Got a buyer rather quickly , then when I turned on the iphone , i found out the home button no longer responds which i remembered he mentioed apple
Took it apart and they must have screwed it up. Now im stuck with a more broken than ever iphone. I called the buyer who was skytraining down already. I told him not to buy the phone cuz the home buttons were broken too now. He insisted on taking a look at it. He was some dude who wanted to buy for his soldier brother in israel =S . After he took a look at the phone in detail, He said he will take it if he gets another $40 off. At that point i hated seeing the phone and i just got what i could and left with saying no refunds. Thanks.
Clearly in this case it wasn't evident. The computer was working fine as I inspected. Perhaps long-term usage, the device may have show signs of defects but in the half hour I spent inspecting the device and going through everything, it was perfectly fine.
If the computer is dried out properly, it's possible for it to still work. Doesn't mean it doesn't have liquid damage anymore. It works but it's still deemed to be a liquid damaged device as it will indicate from the inside through visual inspection.
In my experience liquid damage to a laptop doesn't always have immediate effects... often times the user will wipe away the water and continue to use it for weeks/months. Naturally, they don't disassemble the unit to dry off the internal components and thus corrosion begins slowly and only weeks/months later does the unit begin to fail. Then all of a sudden the owner is surprised and defensive when informed that their unit has suffered liquid damage.
In this case, I'm assuming Apple performed a partial teardown, immediately recognized that certain components were beginning to corrode or that litmus paper was triggered and handed the unit back to the customer with their accurate diagnosis.
I'm very happy that the OP was able to a) get his money back and b) prevent this individual from clearly committing fraud and (financially) harming another human being in an effort to rid himself of this future brick.
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