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  1. #1
    Join Date
    Sep 2009
    Posts
    13

    Default Bait and Switch on Craigslist

    My question involves small claims court in the state of: California

    Need some advice on this bait & switch incident that happened two days ago.

    Description of the Incident


    This Guy in Union City posts ad on craigslist for high-end speakers Boston Accoustic speakers (VR975) for $400 saying they sell for $1400 new. I communicate with him over email and agree on a price of $320. We talk over the phone a couple of times and he invites me to come look at them at his home in Union City.

    I go over and the speakers are in fine condition. I ask to look at the model#/serial# and he shows me this sticker on the bottom which has the model# in very small print. I was not wearing my glasses so I just thought it said VR975 when in fact it was VR950. The guy basically threw a fit that I ma paying him less than market value for VR975s and so I ended up paying him $350 for the speakers.

    When I got home I checked the speakers and noticed that they were VR950s which originally sold for $700 and sell used for around $175. I got pissed and sent this guy an email asking him to either take them back or give me back $150. In response, he told me to try and re-sell them on CL to recover my loss. I told him I will sue him court and we have not communicated since.

    I have the seller's full name, phone number, home address and place of work etc.

    Questions


    1. Do I have a criminal case for fraud here or is this only small claims? I tried calling the local PD and they told me to go to small claims.

    2. Do you think I have a good case in small claims court? Its not really about the money, I want to teach this guy you can't get away with these kinds of scams.

    3. How do I ask Craigslist to provide me copy of his original ad which he conveniently deleted right after the transaction ?

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Advice on Bait and Switch on Craigslist

    You looked at them and approved the sale in the condition you received them. Your negligence is not actionable.

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Advice on Bait and Switch on Craigslist

    Should have brought your glasses. You won't get the craigslist posting again I don't think. Should have printed out a copy.

    Maybe he misread the model #...you can tell the difference between them easily...

    I think you are outta luck here.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Advice on Bait and Switch on Craigslist

    If you sue him in small claims court, whether for the full value of what you paid (expecting that you'll have to return the speakers) or for the difference in value between what you paid and what you allege to be fair market value, you will have the initial burden of proof. You can meet that through your testimony, proof of payment, etc.

    What happens next? That's going to depend upon whether he even appears (if he doesn't, you can expect to win by default) or, if he shows up, what he says and whether the court finds his version of what happened to be credible. We're not in a position to tell you in advance what a court is likely to do if he claims, for example, that you knew what you were buying and demanded a refund only because you found a better deal.

  5. #5
    Join Date
    Sep 2009
    Posts
    13

    Default Re: Advice on Bait and Switch on Craigslist

    Thanks for the feedback! I guess it boils down to whether its worth it to spend the time on this over about $150 :-)

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