Unfair Sales Practices and Consumer Fraud

questions & answers

Question: I bought a refurbished tv on ebay. The first one was broken, I paid $51 to send it back to get another one, it too was broken, I had to pay another $51 to send it back andget another. It too is broken but now they won't take it back, told me it had a 1yr manufactureres warranty so I called them, they said itdoes not. Now the original sellers aren't responding. Can I file a civil suit for the almost $500 in thistv that is still broken?

Answer: Yes, you may have a claim against the seller of the TVs. However, you will probably need an attorney to help you sort through the situation, and since the amount is so low a lawsuit may not be worth it. Your other option is to file a claim in small claims court. However, because the seller is probably in a different state, it may be difficult to enforce any judgment you get. Your best option is probably to go through eBay’s dispute resolution services. eBay is constantly changing their user agreement, and provides very specific remedies for dispute resolution. Gather your records regarding the sale, go to eBay’s home page, click “Help” then “Resolution Center”. eBay provides a neutral 3rd party for free to help mediate disputes.

QUESTIONS

  • I bought a refurbished tv on ebay. The first one was broken, I paid $51 to send it back to get another one, it too was broken, I had to pay another $51 to send it back andget another. It too is broken but now they won't take it back, told me it had a 1yr manufactureres warranty so I called them, they said itdoes not. Now the original sellers aren't responding. Can I file a civil suit for the almost $500 in thistv that is still broken?

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