Buying on CraigslistI purchased a t-mobile cell phone on craigslist for 250.00 and was told it was a great phone and used only for 2 days. after what seemed fine, we got home and tried charging it and it wouldn't charge and when my husband and i called t-mobile we were told it wasnt a legit tmobile phone. now we are out 250.00 plus and additional 110.00 we had to pay to utilize our phone insurance to get a real working phone. This gentelmen has now pulled his listing and won't even return are calls. we just had questions. do we have any rights at all? or are we out the money? please help, may seem like chump change to sum but doesnt come lightly to us. if i wanted to spend this much i would have gone to tmobile and paid full price myself. i know craigslist isnt responsible, but if the listing said a working and great phone then thats what we should have gotten right?
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It is infact marked a T-Mobile phone.... It says tmobile on it and looks identical to the phones in store, but the imei sticker inside is missing. the gentlemen who sold us this phone stated he purchased it on ebay. we have gone to tmobile and tested the battery and was told its internal and not a bad battery. We know the sellers name and have a contact # but is refusing to call us back or answer our emails. Am I making a fuss over nothing. We met this man in person, its just unbeleivable that stuff like this happens and people can get away with it. Attorney answers (2)
The non legal answer. Its probably fine for T Mobile's network, just not one they sell. Its likely an "unlocked" " phone used on a competitor's network. You may only need to buy a battery. Legal answer is this may be a civil or criminal offense. Practically speaking, unless the phone is also stolen, its very unlikely a prosecutor or police will want to investigate this as a fraudulent criminal act. This is too bad because they can use their investigative and subpoena powers to investigate the originator of the craigslist posting. As a civil case, you are likely out of luck. If you can locate the seller, you may technically have a fraud claim depending on what representations seller made to you. You may also have common law ands contract claims based on the Uniform Commercial Code. That is, that the phone is what was represented by the seller to be, that it works as represented, and that seller was the actual owner and had right to sell . If your state has a streamlined small claims court, and if you can get a good identification and location of the seller, you could attempt to sue him in small claims court without a lawyer. This would be your most economical way to handle this loss.
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You can look into filing a claim in small claims court. In WA, the maximum dollar amount in small claims court is $4000. Which court can hear the case depends on facts not present in your post. You can read the information about small claims court in King County here: http://www.metrokc.gov/kcdc/smclhome.htm . For Pierce County, the website for the District Court is here: http://www.co.pierce.wa.us/pc/abtus/ourorg/dist... .
Is the seller in business? That is, does he seem to have a business of selling things? If yes, depending on the facts, you can check if there may be a Consumer Protection Act claim. If you win a CPA claim, you may be entitled to attorney's fees. A CPA claim would not be heard in small claims court. Have you checked the phone's battery? My understanding is that rechargeable batteries (for laptops, camcorders, and other electronics) do have a lifespan of about 2 or 3 years. The batteries often become unusable after that time because the chemicals in them break down. If it is just the battery, you likely can buy a new battery. 3 people marked this answer as good
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