Can I file a civil lawsuit for this?
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Can I file a civil lawsuit for this?
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I’ve brought a used 1997 Jet Ski on Craigslist. Based on the ads the seller only mention that the safety switch is not working but other than that it works fine, and he is selling for $700, I’ve paid him the cash right the way, I also had a friend with me when I brought the Jet Ski. . But after I came home try to fix the problem I’ve find out that is not just the little switch problem, it has a hole on the engine, which it would be more difficult to fix it. I try to call the guy ask him to take it back cause he is not honest for what he had told me, and he was really rude reject my offer, and the funny thing is he is a police officer. Now I want to suit him but I don’t want to hire a lawyer just for this small case, can I suit him for fraud in local civil court or local small claims court? Which one would be better, is just not about the money but also about being honest, especially he is a policy man, shame on him.
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cant_think_today
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Ditto to the first answer. You have a case... take him to Small Claims Court. |
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yellowcar29
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You might have a case... make sure you keep a copy of the ad for evidence (e.g. print it) and get a mechanic to verify that the engine has a problem. You might also need an expert opinion on how much the jet ski is worth in that condition vs what you should get for $700. You should be able to sue to get your money back as it sounds like he has misrepresented the condition of the jet ski.
On the other hand, if the problem is obvious from looking at it, you might not have a case because you should have properly inspected the jet ski before paying. |
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editor@bcdisabilities.com
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First, no one goes to court over 'the principle of the thing.' It's gotta be about the money and the money must be sufficient to justify the time and expense and inconvenience of going even to Small Claims. Is it? Because the other side is certainly going to argue that he did not hold himself out as an expert on Jet Ski mechanics, that you had ample oppty to inspect the item before purchase AND - this is the big one! - you knew the item was defective. Frankly, I think you'll just waste your time. Probably more efficient to have the item repaired and then carve the following motto into your forehead for future reference:
DO NOT BUY ANYTHING ON Craigslist! |
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fluffy in Cali
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Do not let the fact he is a police officer intimidate you. Wrong is wrong YES sue him. |
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Reagan
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You can file a lawsuit against anyone in civil court for any reason. That's why we have the courts - to figure out who is right.
Can you win? It's not highly likely. You'd have to prove that the seller knew that there was more of a problem with the Jet Ski than he told you. If he thought it was just the switch, he did not try to commit fraud.
I don't know the value of a jet ski, but I'm guessing that at $700, you should have known there was a bigger problem than just the switch. When a deal sounds too good to be true, it usually is.
Don't waste your money on a lawyer. It will cost more than the $700 you hope to get back.
Learn from this experience:
1 - When buying something like this, use a check or PayPal so you have some recourse if you're not happy with the item once you get it home.
2 - Check out what you're buying very closely.
Good luck.
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