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Can I Take a Private Seller to Small Claims for a Purchase Made on Craigslist

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  • 08-11-2014, 10:07 AM
    idahome
    Can I Take a Private Seller to Small Claims for a Purchase Made on Craigslist
    My question involves small claims court in the state of: Idaho

    I purchased a Nikon camera that was listed on craigslist. While meeting the seller, there were some issues with the camera focusing. I called him back to look/fix the camera within five minutes of him selling it to me. He came back and made adjustments to the camera and said that it was having focusing issues due to custom settings that he had set. He also said that my lens may not be auto compatible with the newer Nikon and offered to sale a lens that came with the camera.
    The seller is a well established photographer and has expert knowledge in using Nikon cameras. So, I took his word that the settings inside the camera were the cause of the focusing issue. He said to read up on the manual, try some different settings and if I have trouble to give him a call. We drove 200 miles to meet him so I didn't have the option to meet with him again and I never got an answer when I called.

    It's not the settings in the camera, the camera is broke; I took it to a camera shop four days after buying it because I couldn't get it to focus right.
    I called him along with sending numerous emails and basically the only response I am getting is 'that's the chance you take buying used gear.' I spent $575 on the camera and extras and have had it less than two weeks. I would like to take him to small claims court because I am out so much money.

    My question is, can I take him to small claims based on what happened? I was told that even an AS IS sale must be fit for sale for it's ordinary purpose. I think the emails that have been sent have documented what happened well.

    My second question is, can he file a counter claim because I am taking him to court? He has sent several aggressive emails saying that he will sue me for lost time, lost income (1200 per day), travel expenses, lodging etc. He said that I am libeling/slandering his name and continues to pursue me with the threat of being prepared to lose more money.

    Aside from this, the only discussion about what has happened has been directly to him.

    Thank You!
  • 08-11-2014, 10:25 AM
    Mr. Knowitall
    Re: Can I Take a Private Seller to Small Claims for a Purchase Made on Craigslist
    Quote:

    Quoting idahome
    View Post
    My question is, can I take him to small claims based on what happened?

    You always have the capacity to sue in small claims court, which is a different issue from whether you'll win.

    You also need to sue in a proper court, which is probably the one for the jurisdiction 200 miles from your home.
    Quote:

    Quoting idahome
    I was told that even an AS IS sale must be fit for sale for it's ordinary purpose.

    You were told this by your lawyer? Your neighbor? By an organ grinder at the circus?

    What you would want to focus on here (no pun intended), from what you've told us so far, is that you noticed a problem and that the photographer misrepresented the condition of the camera to you in order to convince you to complete the sale, and that you relied upon his misrepresentations to your detriment -- i.e., fraud.
    Quote:

    Quoting idahome
    I think the emails that have been sent have documented what happened well.

    I can't comment on them.
    Quote:

    Quoting idahome
    My second question is, can he file a counter claim because I am taking him to court? He has sent several aggressive emails saying that he will sue me for lost time, lost income (1200 per day), travel expenses, lodging etc.

    Can he file such a counterclaim? Sure. Would he win? Not one single penny. None of those costs are recoverable by a defendant.
    Quote:

    Quoting idahome
    He said that I am libeling/slandering his name and continues to pursue me with the threat of being prepared to lose more money.

    Your discussions with him about the camera cannot constitute any form of defamation, as by definition defamation involves making statements to a third party.

    How much is the cost of repair?
  • 08-11-2014, 12:41 PM
    Disagreeable
    Re: Can I Take a Private Seller to Small Claims for a Purchase Made on Craigslist
    What proof do you have the camera was not damaged after you picked it up 200 miles away? Are you willing to make the trip to sue him.
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