Sold a phone on CL, now the guy is trying to sue me. What to do?
Needing some advice here guys. I put my G2 up on CL for sale as I have a few other devices I prefer, an interested buyer emailed and after some back and forth we agreed on a price and met at our local best buy to make the deal. For starters we agreed on $250 and he hands me $249.70 and says he can't find another dollar or .30 cents, I reply whatever man. He takes the phone looks it over, I do a factory restore (mind you the phone is rooted and was/is running a htc desire z rom.) He asks me how to set up wifi, I show him and off he goes. 4 hours later he calls and leaves me a message saying the speaker is inoperable. (I was using the device for the duration of our calls and the speaker worked fine, I also do not know of any water damage that could have occured to it, but then again I bought it used off CL myself) The calls continue, I was in a place where I couldn't answer the phone but he blows it up with threats and all sorts of things. Today the calls continue while im back at work and then emails begin. They claim to have taken it to a repair shop and that the device has water damage causing the speaker to be inoperable. Later on my grandmother calls me and says some lady (the buyers wife) called her looking for me and saying the police were coming to arrest me. Before calling (because im so annoyed at this point) I send an email stating the device was sold as is/where is with no warranty expressed or implied. The calls continue so I answer and now they are threatening taking me to civil court over it. I'm totally blown away as the only way they would have gotten my grandparents information was to start going through the phone book and calling everyone with my last name asking for me. What the hell should I do?Google it.
- 01-18-2011, 09:25 PM #2
- 777 Posts
- AOSP by preferance
honestly you're fine. i was scammed on craigslist over the holidays trying to buy a droid incredible for my little brother and although the dude straight up lied to me. (he sold me a BAD ESN phone after providing a good ESN number for me to check with verizon) All i had was his number. no name , address, e-mail, nothing. Well i tried to get some information on the guys and get the cops involved and nothing turned up. So in reality you are in the clear. But if the phone you did sell him did get damaged while in your possesion, even if you didn't notice it. You should give him a full $249.70 refund. It is the right thing to do.Blackberry Storm 9530 (1 year)>
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HTC Droid Eris [Rooted] (CM 7) (risky outdoors device)(current)>
HTC Droid Incredible [Rooted] (CM 7)[Bad ESN <craigslist scam>](just a tablet now)>
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Next device: Samsung Galaxy S II
- Google it.
- 01-18-2011, 09:52 PM #4
I would file a counter lawsuit or maybe get him for harassment like you stated. If you do give him the full refund ask for the device back. I would check the serial number on it to make sure it the same one. If the harassment continues report the person to the police or just block their phone number or e-mail addresses.
- 01-18-2011, 09:58 PM #6
Smells like a scam to me. I'd call your carrier and see if they have the meid #/and or serial number in their system and copy it down. If it ever comes down to him actually getting in touch with you, have him read the number from the phone. If it doesn't match, you know you were right about him trying to scam you. In fact, tell him that and see how interested he still is in going to court.
Sad that there's people out there like that, always trying to make a quick buck off of someone else. Over the holidays I too got stiffed on CL, although part of it was my own fault. Guy sold me a water damaged 3GS; my fault for not looking more closely at the water damage indicators, especially since I knew where they were located. Phone works, just likes to reboot itself every so often. Can't wait for the Atrix...
I'd keep all that info that you are keeping just to cover yourself, but wouldn't lose too much sleep over it. If the guy is a lowlife like it seems, I'm sure he's going to want to stay as far away from court as possible._____________________
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- 01-18-2011, 10:11 PM #7
- 384 Posts
- ICS | Jellybean
It sounds as though YOU need to be the one calling the police. Seriously! Coming from a family affiliated with law enforcement, I know for a fact that they would listen to BOTH sides. And it sounds like you have a very good harassment case there. Make sure you document EVERYTHING (include dates/times). Get name/number of said repair shop and document that as well. And if your ad did in fact state "as is" or "no warranty...", I don't think the loser will have a leg to stand on. Just go by the FACTS and you will be fine no matter what, believe me. I just hate it when people think they can take advantage of someone who puts an ad out there.
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- 01-18-2011, 10:20 PM #8
Sorry about your situation! But here is the scoop, he bought the phone as is and it was working when you gave it to him. Have your phone company print a record showing the phone was active on your account at that time. He can sue you if he wants to but with that documentation and the fact you sold it to him as is you will win the case (probably wont sue you though just trying to scam you). Secondly if he continues with the calls and emails you can charge him with harrasment. This is a classic and normal scam routine just fight back. From your friendly police officer good luck
PS like LMO said document the heck out of everything. It didnt happen if it isnt documented.
- 01-18-2011, 10:25 PM #9
- 01-18-2011, 10:43 PM #10
Man that is a bu||sh*t scam if i ever hear of one did he say to you he had own a g2 before? I had just sold a phone to someone on Craigslist to a 14 year old kid right tell me why I had a feeling that I should tell him everything that was wrong ASAP Cuz he was like ohhh wait where and when you know like I want this phone ASAP type.
so I stated in the ad the iPhone was broken as **** and the phone doesn't turn on so he's like hey I want that phone because I was selling it for $60 and I had told him what was wrong to the t and this kid sends his dad in and tries to bulls**t me like oh its cracked I stated to him I had already told your son this and come to find out the phone actually worked but the power button was broken hens the phone not turning on but if you plug it in it will odd BTW.
but the Guy goes and says to me my son said you said $40 I said no sir I have all the texts to prove everything I told your son on conditions and functions an price so he calls his son and say its broken and his friends says to me oh I could get a iPhone jailbroken and unlocked $100 I said show me what crack head is hooking you up with this iPhone lol and he's like a screen was going to cost $100 dude i now that i would have paid for it and fixed it myself then the Guy gets off the phone and his son is calling me while his dads is trying to play me he says oh ill buy it but give me a good price lol.
what do you think I want peanuts lol I just sold the damn thing to get the Guy out of my fu%king hair and while he was leaving he asked me how will I charge it I gave him the USB cord I said plug the damn thing into a computer lol and his son calls me back like hey do you know what the password is I had told the kid the ****ing thing didn't work for about 6 months sitting in my dresser drawer and I wanted to get rid of it after cleaning how the hell would I remember the damn password I told him he had to Google a way to factory reset the phone with out the power button.
but after that call I have not talked to them but plain and simple you explained that it was a working phone and you where using it once it hits his hands it his responsibility so don't even bother tell that dude if he calls you damn grandmother's phone again you'll get him for harassment bro :-).
everyone that has been on Craigslist atleast once and got ****ed but I been on there buying and selling and have had my fair share of lying *** scammers for dude you'll be fine next time only email and meet somewhere but not at your house lol and if it comes to being scammed like this again just right down the imei numbers and any iPhone or marks and nicks that are on the phone you know **** take pics if your anal like that haha
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- 01-18-2011, 11:29 PM #11
Your fine, just call the local police and tell them he is harassing you. Plus you should be able to call your carrier and get your old IMEI number, they should have it on file.
Or just tell the guy to give you the IMEI of the phone that you "sold" to him and then call your carrier and say, I want to see if that IMEI used to be on your record. And if it doesn't match then them him that you will have him arrested for harassment and threats.Droid RAZR MAXX/Xoom/4510 LTE MiFi
- 01-19-2011, 12:24 AM #12
- 17 Posts
- Stock Touch Wiz,SonyE Stk
Good faith reply?!
Even moreso, Why is ANYONE still using CL to buy electronics!!!!?? Most of the website is now SO scammy that people won't even use it to respond to job requests, apartments for rent, etc., etc., let alone high tech devices without knowing each other!
From now on, buy on Ebay... it is a bit more of a hassle, but, everything is, or should be, in writing on the auction page AND, Ebay and PayPal both insure the transactions on multiple levels.
Seriously... if all is as you state it happened, your buyer is guilty of harassment, not just to you, but to someone whom was not a party to the transaction... you grandparents. THIS is proof of the harassment. Go to your local police department. They don't like handling complaints like this, but you are entitled to fill out a police report stating the issue of harassment and that you are now worried for your grandparents who are old and do not understand what is happening. Be explicit with details, and if you still have them, the guy's name, and phone number that he used to call you. If you still have your old phone's IMEI number, call the carrier and report to them that you sold it to this guy and that he is now using it to make harassing calls to you. They will probably check to see if he has even activated the phone and can verify that the phone is working and being used. If the guy is really this crazy, maybe he has done things like this before... it will be much easier to get him to stop if the police can establish that he is harassing you and your family. But... most importantly:
BLOCK THIS CALLER AND HIS CALLER I.D.
Short of that, if the only thing that is wrong is that the speaker is not working now, he accepted it "AS IS" per your agreement. So... what's the problem again?Luxury Made Affordable!
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- 12-02-2012, 08:13 PM #13Junior Member
- 0 Posts
Re: Sold a phone on CL, now the guy is trying to sue me. What to do?
You can get sued for anything, but when people buy from craigslist its a total AS IS deal, so if the phones speaker doesn't work it was his fault from not seeing if the phone operated correct before buying, there for you do not have to refund him his cash in ANY way... I already got sued for selling a phone because the keyboard didnt work on it, he tryed but wasted his time and money doing it.