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

    Quote Quoting idahome
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    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?

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