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  1. #1
    Join Date
    Oct 2019
    Posts
    1

    Angry Bought a Malfunctioning Macbook Pro

    My question involves a consumer law issue in the State of: Missouri/Indiana

    Bear with me on this:

    I bought a MacBook pro off a guy who lives in Indiana, I live in Missouri. I found it on the facebook marketplace. After multiple mediums of confirming the device works on my end (pictures, phone calls conversations) spanning a couple of weeks, I received the Macbook pro and it proved to not be in the condition as described (the Touch Bar malfunctions, even though the seller claims the device had no running problems.) The seller initially communicated with me when I informed him of the situation, but has not responded to any of my calls or texts in the last three weeks.

    I wanted to pay with PayPal in order to have insurance on the item if I received it and it proved defective (which it did) but the buyer insisted on receiving a venmo payment in order to receive an instant payment. I have contacted venmo, and they have informed me to visit my local police department. I need advice on what my next steps of action should be. This is all the information I have on the seller:
    His name and address.
    His phone number.
    His place of employment.

    I also have copies of conversations of him stating that the item was in perfect condition, in fact he claimed he "barely ever used it."
    For context, it was a 2017 Macbook pro w/ Touch Bar. I paid $700 for the item.

    Any help is appreciated.

  2. #2
    Join Date
    Mar 2013
    Posts
    17,217

    Default Re: Bought a Malfunctioning Macbook Pro

    Sorry, unless you want to travel to Indiana and sue him there, which will cost you more than $700 that you won't get back, there isn't any help.

    You bought it AS IS.

    Call the local police there if you like, but I'm guessing they'll tell you it's a civil matter (it is) and not get involved.

    It's an incredibly bad move to buy electronics long distance.

    Expensive lesson learned from the school of hard knocks.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,246

    Default Re: Bought a Malfunctioning Macbook Pro

    I agree with AJ. Just because he wanted Venmo doesn't necessarily mean he's a fraudster. There's just as much fraud out there with people paying for stuff with either phony funds or with recallable funds (like Paypal which tends to be stacked toward the payer). Unless he's in the business of ongoing fraud, it's not likely going to attract much law enforcement issues, as AJ says, it's a civil matter. Things like this you definitely should do better due diligence on other than taking the "it works fine" guarantee. Frankly, in order to prevail in court, you'd likely have to show not only that the laptop had defects, but that the seller knew of the defects and intentionally misrepresented them.

    As AJ, says you can sue them in your local court but you won't be able to recover things on that judgment even if you win. To be effective, you'd need to sue him where he is.

  4. #4
    Join Date
    Oct 2014
    Posts
    7,428

    Default Re: Bought a Malfunctioning Macbook Pro

    Quote Quoting flyingron
    View Post
    As AJ, says you can sue them in your local court....
    Well, that's not what AJ said.

    And it's a good thing, too, because the OP cannot sue the seller in Missouri unless the seller has the minimum contacts with the state of Missouri needed to make the seller subject to personal jurisdiction in that state. If the seller lacks the minimum contacts then the OP is left with suing the seller in Indiana.

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