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Craigslist (self.legaladvice)

youngboi1234 が 投稿

hi i bought a iphone from a guy, the guy told me the iphone was att and tmobile activated. After taking it home and putting my tmobile sim in i realize that the iphone couldnt be activated under tmobile. i then go on craigslist and try to sell it as a att phone because thats what he told me. after i put it on craigslist a buyer calls and ask me if they can buy it, i tell them its att mind you thats what i was told. a couple hours later the buyer calls me saying they would take me to court for false advirtisment can i be sued?

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[–]-Themis- 3ポイント4ポイント  (11子コメント)

So someone lied to you. You then repeated the lie, without actually checking & after you knew they were a liar (since they lied about something else as well). And you're asking if your lie is actionable?

What do you think?

I get that you're an idiot, not a deliberately bad person, but work on reducing the level of idiocy, because being young & stupid only works for a short while. After that, people will start coming after you for being a liar and selling things by misrepresenting them.

[–]youngboi1234[S] -1ポイント0ポイント  (10子コメント)

im asking that can i be sued? and would i lose? i honestly didnt know the guy was a liar i believed him because he was the owner.

[–]bluethreads 1ポイント2ポイント  (0子コメント)

Absolutely! You must refund the purchaser's money. If this happened to me, I'd sue to bits! You'd never post a craigslist ad again.

Edit: The transaction you had with the person who purchased your phone is looked upon as a separate transaction than the person who you bought the phone from. So the judge would only be looking at the transaction you had with the purchaser of the phone you sold. He will not care about how you came to obtain the phone, etc. That will have no bearing in the case. It is then, within your right, to sue the person who you originally purchased the phone from to regain the lost money.

[–]Napalmenator 1ポイント2ポイント  (4子コメント)

Yes you can be sued and yes you would likely lose.

You knew the guy was a lair when you couldn't use the phone.

[–]youngboi1234[S] -1ポイント0ポイント  (3子コメント)

i couldnt use the phone for tmobile tho not att

[–]Napalmenator 1ポイント2ポイント  (2子コメント)

You still lied on purpose

[–]youngboi1234[S] -1ポイント0ポイント  (1子コメント)

i did not lie on pourpose i honestly thought the iphone was att after not working for tmobile, the ad stated att and tmobile phone

[–]Napalmenator 1ポイント2ポイント  (0子コメント)

Your story will not work well with the judge. Someone lied to you so you lied to someone else.

[–]-Themis- 0ポイント1ポイント  (3子コメント)

  1. Yes you can be sued.

  2. Yes you would most likely lose.

  3. People will laugh at you if you claim you "didn't know the guy was a liar" after you knew he lied to you.

[–]youngboi1234[S] -1ポイント0ポイント  (2子コメント)

but i didnt know, it was an honest mistake.

[–]Napalmenator 1ポイント2ポイント  (0子コメント)

Not a mistake. You wrote something you knew was a lie. You had no way of knowing it was true or even likely true. The person who told you was a proven liar.

[–]-Themis- 0ポイント1ポイント  (0子コメント)

As I said, I get that you're an idiot, not a liar. But being an idiot does not insulate you from legal liability.

Give the man his money back. And for future reference, any cell provider's store will verify that a phone can be activated on their network, for asking. So before you hand over cash next time, make sure that the phone can be activated with your provider.

[–]Brad_Wesley 2ポイント3ポイント  (0子コメント)

I have to say: never has a post title so accurately conveyed the sense of the post with so few words.

It's beautiful in its simplicity.

[–]Happy_Bridge 1ポイント2ポイント  (0子コメント)

To repeat what /u/bluethreads wrote, you can sue the person you originally bought the phone from for him to give you a refund, too, as he, too, lied in order to induce you to buy the phone.

[–]Happy_Bridge 0ポイント1ポイント  (13子コメント)

If you misrepresented the product you sold, then sure.

The usual way to fix this, by the way, is to do your Craigslist transaction at the phone store so before the cash is handed over a phone store person can see if the phone can be activated on their network.

[–]youngboi1234[S] -1ポイント0ポイント  (12子コメント)

but i didnt know the carrier of the phone, i was just going off what the previous owner told me. isnt there buyers beware?

[–]Happy_Bridge 1ポイント2ポイント  (4子コメント)

No. If this were the rule, then anybody selling anything could get away with anything by claiming they were told X, so they turned around and told X to the buyer.

If you represented the phone as being activatable on AT&T, and it isn't, then you should take back the phone and refund their money, and then offer it for sale again with more truthful claims.

[–]youngboi1234[S] -1ポイント0ポイント  (3子コメント)

so theres nothing i could do? i dont have the cash on me or that kind of money. would i lose in court if they took me to court? or would it be buyers beware

[–]Happy_Bridge 1ポイント2ポイント  (2子コメント)

They would file a small claims court lawsuit against you. They would have to serve you the paperwork notifying you properly that you had been sued. The paperwork will state a court date. You have to show up in court on that date and time. When the judge hears your story, he or she will rule in favor of the person you sold the phone to, because you were not truthful about the phone. That person will be awarded the amount of money they paid you, plus court costs. You will have to pay them.

Or, you could just refund their money now, with the money you took from them to begin with, and then try selling the phone again in a more truthful manner.

[–]youngboi1234[S] -1ポイント0ポイント  (1子コメント)

what about buyers beware?

[–]Happy_Bridge 1ポイント2ポイント  (0子コメント)

"Buyer beware" is practical advice and not a legal principle. It is not going to save you here.

The closest thing is if you (a) do not lie about anything you're selling; and (b) say several times that it's sold "AS IS". If you do both (a) and (b) next time then the buyer will be very unlikely to be able to successfully sue you. Many people do this with used cars - they tell you that it's sold AS IS and they don't mention the transmission problem they've had for the last 10,000 miles, and when the car breaks down the buyer is indeed not able to get a refund, because they were told it was AS IS and the seller didn't lie about the transmission.

But in this case, you lied about the AT&T thing, so you have to take the phone back and refund the money.

[–]Napalmenator 0ポイント1ポイント  (6子コメント)

Did your ad say "I don't know the carrier but I think it might be att?"

[–]youngboi1234[S] -1ポイント0ポイント  (5子コメント)

the ad said att

[–]Napalmenator 1ポイント2ポイント  (4子コメント)

So you lied.

[–]youngboi1234[S] -1ポイント0ポイント  (3子コメント)

i didnt know that the phone couldnt be activated for att. the previous owner told me the iphone was for att and tmobile, i have tmobile and my sim didnt activate it, i then assumed it was att

[–]Napalmenator 1ポイント2ポイント  (2子コメント)

You lied. You said it could do something it couldn't do. The other guy (that you bought from) has nothing to do with what you said. You lied.

Edit clarity

[–]youngboi1234[S] -2ポイント-1ポイント  (1子コメント)

how could i lie if i didnt know. it was an honest mistake and i feel really bad, ive never had somoene tell me they could sue me

[–]Napalmenator 1ポイント2ポイント  (0子コメント)

You didn't know something so you made up a fact. That is a lie. If you had said you didn't know but thought it might have been att, then that would be fact. But you made a choice to state something that you knew was more likely then not a lie since the person who told you was lying.

[–]SoySauceSuperstar 0ポイント1ポイント  (3子コメント)

Sure you can. You sold a product advertised as one thing and it's another. This situation would be perfect for small claims court. Would they win? That's debatable and fact dependant.

[–]youngboi1234[S] -2ポイント-1ポイント  (2子コメント)

but i was told that the iphone could be activated for att.

[–]magus424 0ポイント1ポイント  (1子コメント)

You could have verified it.

[–]youngboi1234[S] -1ポイント0ポイント  (0子コメント)

i tried, i couldnt get into the iphone so it was useless to me

[–]mytoysgoboom 0ポイント1ポイント  (1子コメント)

This has receiving stolen property written all over it.

[–]youngboi1234[S] -1ポイント0ポイント  (0子コメント)

no the phone was not stolen when i checked the imei number it was clean