Re: LCD TV Buyers Beware...

From: Henry Kolesnik (kolesnik_at_sbcglobal.net)
Date: 12/31/04 

Date: Fri, 31 Dec 2004 03:00:50 GMT

Robert
I'm curious about your "as is" comment. Lets say the seller just copied the
manufacturers brochure verbatim and in addition he says it works but is "as
is". Does that give the seller an out as a far as the UCC or small claims
court? How about an auction other than ebay, or just an ad?
tnx 

-- 
73
Hank WD5JFR
"Robert Baer" <robertbaer@earthlink.net> wrote in message 
news:41D3DC61.49E61416@earthlink.net...
> linus@technologist.com wrote:
>>
>> Do not buy from digitalgear on Ebay!
>>
>> I bought a Sharp Aquos 32" (LC-32G4U) from them over the phone (not on
>> EBay directly) and the TV turned out to be defected. It's simply not
>> working and has a little dent on the right speaker. However, they
>> insist it is new and will not take it back until I talk to Sharp. Also,
>> I thought I bought a 5-year extended warranty but the owner (Mr.
>> Stevens) said it was a 4-year Platinum with 1-year manufacture warranty
>> that made it a 5-year.
>>
>> Since I didn't buy it off Ebay (major mistake), I can't leave any
>> negative feedback on the site to warn people and have to do it here.
>> Take my advise and stay away from them.
>>
>> -Linus
>
>  Take them to small claims court; the cost is about $50 and lawyers are
> *not* allowed.
>  Have all of your evidence together; full chronological listing of what
> happened (who = names, how = as accurate as possible, and when); be as
> complete as possible.
>  That listing is your guide for presentation in court - so that you do
> not forget anything and do not add unrelated stuff.
>  The Uniform Commercial Code states that anything sold must be fit for
> the purposes it was made for (except "as-is" items).
>  Legally, the seller must make good by (a) replacing the defective
> item, (b) fixing the defective item, or (c) refunding your money - and
> it is my understanding that the choice is yours, not his.
>  And when you win, if he does not pay the judgement within a specified
> period (on the paper), then you may have various options, like attach
> his bank account (that may freeze his use of it until you get paid) or
> other assets.
>  I say "his" because if the sale was thru a bonafide business, then it
> is the business that you sue and collect from; the manager, etc are
> protected in almost all cases.

Relevant Pages

  • Re: Help: outbid but still won!
    ... You don't really seem understand much about the Court system do you? ... from all shops the need to comply with the law. ... If eBay, as a matter of policy, tried to remove from their membership ... "Ah well, I'm stuffed, the seller was just getting on with it and not ...
    (uk.people.consumers.ebay)
  • Adventures in Account Hijack Land
    ... The seller didn't know he was ... I found a CANON DM-XL2 MiniDV Digital Camcorder for sale on ebay that ... After the payment was received, ... To submit the payment with MoneyGram Money Transfer, ...
    (alt.marketing.online.ebay)
  • I LOVE the unicyclist community or the incredible story of my lost Coker!!
    ... British Airways, then with the UK Police, eBay and the shipment... ... Slovenia for the Mediterranean Unicycle Tour. ... I don't want to contact the seller directly because I'm ...
    (rec.sport.unicycling)
  • Re: If you put amn item on ebay and it does not reach a satisfactory price, can you withdraw it?
    ... >>it was very decent of the seller to stick by the transaction, ... Non-selling-sellers have right to falsely report the items as Unpaid Items! ... I feel it is my duty to inform others about this eBay problem, ... Thank you for your first regarding this strike. ...
    (uk.people.consumers.ebay)
  • Re: Spoof email?
    ... Forfeit of eBay fees on cancelled listings ... Buyer and seller agree on the transaction terms and a selling price. ... Escrow which are safer than WesternUnion Money Transfer. ...
    (uk.people.consumers.ebay)