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!

