Sold an item on Craigslist--now they won't stop calling me..Legal issue?
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Sold an item on Craigslist--now they won't stop calling me..Legal issue?
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My husband and I upgraded phones awhile back and are moving next week... While packing we found our old phones and I posted them on Craigslist. I sold the phone to a kid at our local college (I attend the college too). Before I sold it to the kid I activated the phone to make sure there were no problems--everything worked fine. No issues--made outgoing phone calls on it and recieved incoming calls. My husband checked it out and said everything worked fine and to try and sell it... I sold it to the kid and a few hours later I got a phone call from his friend telling me the phone didn't work. They caught me off gaurd so I told them I had another phone if they wanted to exchange. They said that was fine. I told my husband and he told me "no, don't do that". When I sold them the item, I asked them if they wanted to activate the phone in front of me (just incase it didn't work--the kids were having problems getting another phone to work, and I didn't want them to have any more problems) they said no and that it was fine. I guess I jinxed it. My husband advised me to not exchange phones OR give them the money back simply because we checked it out before we sold it to them and we know it was working properly. The nice person in me wants to exchange or give them their money back--but my husband told me that was not a good idea considering the phone had worked earlier. He advised me to just ignore them--that they could be scammers or decided that they did not want it. I can be a pushover and handle things too nicely sometimes... I've been getting phone calls and text messages from them all day--I haven't read most of the text messages because I know how easily I cave and I trust my husbands advice. I would never sell an item if I knew it didn't work, that just isn't fair. This was completely unintentional and not my fault. The kid barely even looked at the phone when I gave it to him--I tried to tell him to attempt to activate it front of me but he said no. They told me that there was no signal to connect the phone--apparently that is the problem. They didn't pay a lot for the phone, others had offered me more, but the kid was the first to email me and I just wanted to get it out of the way. Am I legally at fault? Is there anything they can do? My husband has assured me throughout the day that I did nothing wrong, but I'm not one to ignore phones calls. There really isn't much I can do--the phone was working before. There is a possibility that they broke it, and then I'd be out money. I feel like this is a lose-lose situation. Suggestions?
Additional Details
They aren't techinically harassing me... I don't think. I haven't read over the text messages to see. Changing my number is extreme--any sane person would stop calling me ater a day or so. If they are still bothering me on Monday then I'll block their number.
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CJcollegestudent
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Any time when a purchase is being made there is a clause in the law of buyer beware. Since the kid bought the phone with no warranty by you, being the seller, if the phone did not work like you said{the phone works and you tried it with any or no problems}. If he use the phone in front of you at the time of sale and it worked, then he bought the phone knowing that it did work, at the time of purchase. You are not at fault, he may be trying to play on your emotions so you would either return the money or pay for a new phone for him. I think that is what he is looking at to see if that's what you would do.
Tell him you will take him to small claims court and sue him for harassment. But he is not entitled to receive any refund on the phone since this is sale through individuals you should have made him sign a bill of sale for anything that you sale to the public. On the sales invoice it should read as follows: No Refunds or Exchanges All sales are final. That way he cannot say you sold me a broken Item and I want money back.
Since you told him that the phone works and you did tell him to activated in his name to see if it works.
1) Since he did not activated the phone how does he know that it does not work and it has nothing to do with signal or in a bad area.
2) He must have though that since the phone was activated by the seller, he though he would have a free service to the phone.
3) There is a return policy if he does not activated the phone to see if it works then there is no policy for him to return it.
4) You did nothing wrong but try to sale him a good phone, I think his parent do not want him to have a phone or they are not going to activate it for him. |
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rabidkitty
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I just skipped your wall of text to let you know that in most metropolitan areas, Craigslist has become a cesspool of troll, grifters, perverts, predators, con artists, and genreal self entitled *** H*les.
Change your phone number, get a restraining order whatever you need to do. |
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Elliot
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Scammers? Buying a phone then exchanging it for another one isn't a very profitable scam. They wouldn't be gaining anything more than they paid for.
As long as you told them the phone was secondhand, gave them the opportunity to test it out, and didn't say anything misleading about it, you're not legally responsible for the phone not working. But what's legal and what's fair are sometimes two different things. |
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purduemaggie
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You could always read their messages and listen to their voicemails to see if they are genuinely trying to get help or if they are harassing. I would not answer anything that was harassing, but if they are honestly trying to work on the exchange that you offered then I would talk with them. If they are threatening or harassing then I would ignore them. Having just graduated college, I know I made a lot of mistakes and bought things I shouldn't have (at garage sales and goodwill). I was bummed when they didn't work. But, that is no excuse for rudeness. More than 1 or 2 texts and a phone call in a 48 hour period is overkill and rude. |
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