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Any lawyers on here?

post #1 of 9
Thread Starter 
I have some questions regarding a purchase of a used PS3 and was wondering if anyone knew how to find the correct California Law regarding used items or if any lawyers here had advice on how to proceed.

My husband bought a PS3 for cash online that was said to work perfectly. The seller tells my husband that she wiped the system clean and it should be good to go. Well it didn't work and has a disc read error, Sony says we have to send it in. The Seller says it is still under warranty but doesn't have a receipt for it. She (the Seller) is suggesting we try and commit fraud by sending in a bank statement that shows a large purchase from Best Buy (but no item listing). We are obviously not going to do that.

The question I have is since she said the system worked perfectly, and it hasn't, can I legally go after her for the return of the money? We didn't wait to contact her about the issue, we wrote her the day we found out. And I don't think she is trying to steal money, but she says she wont give it back because it worked perfectly the last time she used it (but then wiped the system clean so who knows what happened).
post #2 of 9
Unfortunately so far as I know unless otherwise specified, used merchandise is bought on an "as is" basis. Basically it's buyer beware.
post #3 of 9
Thread Starter 
I think my only bit of hope is that she wrote before the item was picked up that she guaranteed it to work - specifically using the work guarantee.

She's been really nice through the whole thing, but she did a system restore before giving it to us and I'm thinking that's what caused the mess.
post #4 of 9
I don't think there would be any legal recourse as any legal costs would be more than what the PS3 is worth.

Basically it's her word against yours. If you bought it through someone like eBay, you could try asking what they recommend, but they'll probably say you need to sort it out between you.

Maybe you could see if she would cover part of the cost of getting the machine looked at by the Best Buy people?
post #5 of 9
Thread Starter 
Maybe because it is CA and it is super liberal, we called the department of consumer affairs and even in a private sale, if the item received is not as described we can sue as long as we notified the seller there was an issue within 3 business days of the exchange (which there was).

It will cost $30 to file and we can recoup those costs in the lawsuit with her. She didn't give us her address, but I was able to pay for a search on her cell phone number and have her Alhambra one and the one of her parents in San Francisco. I think we will also go ahead and server her (which costs $30) because we can recoup those costs as well.

I know - buyer beware and if my husband told me he was going to do this I would have said no. But after watching way too much Judge Judy and People's Court there had to be a way.

I think the caveat on this was that she didn't say it was used and being sold "as is" but that it was perfect condition, practically new, and guaranteed to work.

Anyway, I'll file next week after we send her a certified demand letter and if we go to court I'll let you know how it all ends.

EDIT: I think where we were lucky, we have the ad and emails from her (considered in writing) saying that it works and should work and her description of the item.
post #6 of 9
Quote:
Originally Posted by DragulescuGirl View Post
I think the caveat on this was that she didn't say it was used and being sold "as is" but that it was perfect condition, practically new, and guaranteed to work.

Anyway, I'll file next week after we send her a certified demand letter and if we go to court I'll let you know how it all ends.

EDIT: I think where we were lucky, we have the ad and emails from her (considered in writing) saying that it works and should work and her description of the item.
I didn't see that last part until just now. I was going to tell you to make sure you have kept all written communication with her. But again, it's her word against yours. Electronics are a tricky thing. It doesn't take much to break them, so don't automatically think you are going to win. You could possibly be out of pocket not only the cost of the machine, but also the cost of suing her. I doubt they would award you to pay her court costs too though.
post #7 of 9
I like your thinking!!! I was going to say to try small claims court. If you haven't done so yet, visit www.calbar.org and in the consumer affairs link, look up their Legal Facts Of Life Pamphlet "What You Should Know About Small Claims Court". The self-help website, www.courtinfo.ca.gov., is excellent - it even has sample demand letters in addition to fillable forms and instructions on how to proceed.
Hopefully, your calls were done by cell phone, or else show as long distance calls on your bill - those records will help bolster your claim that you have contacted her.
It makes me glad to see that you are proactive
post #8 of 9
Thread Starter 
Thanks catsknowme, those links are great! I'm really going to try and build up our case to present to court showing the law and where it is in our favor and have a nice packet.

So far my husband only spoke with her twice on the phone, but everything is in email. That's pretty powerful though right? - because it's her words from her.

EDIT: You're absolutely right Natalie_ca. And that's my biggest concern. The issue could of happened in transit, but what it appears is that if we get no use out of it then it is the sellers problem. We are probably going to call the legal aid again a few times and hope to get different counselors with varying opinions. But so far, since when we first used it and nothing worked, it's slightly more in our favor. I'm not trying to bank on this, but what may help us is the "character" element where she has repeatedly mentioned in her emails frauding Sony with a bank statement. Each time she suggested it, my husband said no and that it was fraud and he didn't want to do it. She seems to think it is possible but I don't want to do anything like that.
post #9 of 9
Quote:
Originally Posted by Natalie_ca View Post
Basically it's buyer beware.
I always tell people Caveat emptor Which is latin for above

It's a tricky one though
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