False advertising!!

[MadChild]

Does anyone know if you can place charges or anything against someone who sends you something different than they posted up for sale? Is there any way to get your money back?

[Bad_Dog]

whats the story behind it?

[KornKamp02]

Originally posted by Bad_Dog
whats the story behind it?

[Hasty8]

False advertising

First off, what you are describing is similar to a "bait and switch". A clear description is when you see an advertisement for a car on sale so you go to the dealership only to be told that they are out of that particular model but they have many other "similar" models to choose from.

What you seem to be saying is that they posted something for sale (auction?), you bought it and made proper payment and then they sent you something either similar to even significantly different from what they originally posted.

If that is the case then yes, you can bring charges against them. You can personally bring civil charges against them and if you really wanted to screw with them you can report them to your local Dept. of Consumer Affairs (or similar office) or even to your local District Attorneys office to see if they will bring criminal charges against them (highly unlikely).

If it is an online auction that you are talking about immediately take detailed pictures of what was sent to you and archive or print out the auction or anything else that clearly describes what was posted for sale.

DO NOT SEND THE ITEM BACK UNTIL YOU HAVE YOUR MONEY BACK!!! I cannot stress that enough.

Next, once you have secured all the necessary evidence contact the seller and politely inform him that what they sent you is not the item originally offered. If they refuse to cooperate then go to the listing service and lodge a complaint against them (if applicable) and then think about civil court.

Hope you get restitution one way or another.

One last finaly note - No matter what they say or do always be nice to them in your contacts with them. That way if it ever does get to court you will look cleaner in the courts eyes.

[MadChild]

Hasty, thanx for the better words and the help. I couldnt think of how to word what i was trying to say, but thats exactly what im talking about. Thank you
MadChild.

Bad_Dog- There is no story behind it i just found a 2k2 angel LCD wiht angel air, 2 boomsticks, dye ultralite, freak kit, eclipse trigger frame, gun case, charger, stock trigger frame, and a harness for way cheap and i need to be sure that if he is ripping me off i can get my money back.

[Bad_Dog]

ooooo, ok...

thats a good idea to look into it before buyin it...

[MadChild]

What about if you send them money for something and they don't send you anything?

[Thordic]

Dude for a purchase like that just use third party.

If they refuse to use third party, it's prolly a scam.

[irbodden]

Check for feedback, don't count eBay feedback.

If they have plenty of feedback for selling items, I wouldn't worry.

[MadChild]

How do you check for feedback? It's on www.paintballclassifieds.com if that is any different. Let me know. Thanx

[-=Squid=-]

Sorry to but in...but...because somebody wont use third party its probably a scam? Well, there isnt much backing to provide, but you really cant be further from the truth. I Dont use 3rd party unless its with my field. There is more chance of it getting lost in the mail, and it takes forever, and obviously, costs money.

[MayAMonkeyBeYourPinata]

Originally posted by Thordic
Dude for a purchase like that just use third party.

If they refuse to use third party, it's prolly a scam.

[Hasty8]

Okay. Just re-read some of my contract law books and this is what I got.

An auction is an <i> express </i> contract meaning that both parties (the seller and you) have entered into an agreement to swap money for the list of items. Unless he uses a "reserve" price he will be required to accept the highest bidders price.

Now, let's assume that you are the highest bidder and you send him payment. Let us also assume that he either sends you items other than what was listed or sends you nothing at all. In most instance the judge will order the seller to fulfill his end of the contract since you fulfilled your end of the contract. Until you get the items listed from him the contract will be classified as <i> executory </i>.

This means that if the monetary amount you give him is significantly less than the marvet value of the items listed he will have to dig into his own pocket to fully execute the contract! And who said that law is no fun!

The only grey area is if one or both of you is a minor. In such a case it is possible that the judge will find the contract unenforceable and will void it.

Hope this helps.

[nosnformatt]

Thanx Hasty

[MadChild]

oops that was my friends screen name.