Should I refund buyer? Craigslist related*

Discussion in 'iPhone' started by KobeWoods, Oct 25, 2011.

  1. KobeWoods macrumors newbie

    Joined:
    Jun 27, 2010
    #1
    I recently placed an ad up on Craigslist to sell an extra iPhone 4S AT&T model off my family upgrade plan. Buyer was generous enough to have me stop by his place and he agreed to pay me without haggling on the price. Now next day he demands a refund saying the phone was not unlocked and he thought all AT&T iPhone 4S are unlocked etc etc. He has called me 24/7 non stop requesting and refund and even threaten to sue me in small claims court. Is it my fault for not telling him the iPhone 4S was locked? Should I refund him? He even tested the phone to make sure everything turned on etc. Help please. Thanks
     
  2. whiskeyvol macrumors regular

    Joined:
    Mar 14, 2011
    #2
    small claims court wouldn't be worth his while

    question 1 - no
    q2 - no
     
  3. Youngmoney23 macrumors newbie

    Joined:
    Jun 22, 2010
    #3
    I would say its his fault that he didnt do his research and if he did then he would of known that the AT&T iphones dont come unlocked.
     
  4. FreakinEurekan macrumors 68040

    FreakinEurekan

    Joined:
    Sep 8, 2011
    Location:
    Eureka Springs, Arkansas
    #4
    How did you represent the phone in the ad? If you advertised an unlocked phone, then yes, you should refund him. Otherwise, no.
     
  5. Ramio macrumors 6502a

    Ramio

    Joined:
    Sep 13, 2011
    Location:
    Houston, TeXas
    #5
    Actually you tell him that you will sue him if he keeps calling. It's his fault for not researching whether AT&T phones are unlocked or not. Also, how do you know he hasn't messed with the phone or done something funny. Do not refund him. He should have bought it from a store if he wanted a refund so no dont refund him.
     
  6. outphase macrumors 65816

    Joined:
    Jun 13, 2009
    Location:
    Parts Unknown
    #6
    Unless you misled him or otherwise caused him to be misled, you have no obligation to refund him. If he goes to small claims, he would still have to prove that you were the one who materially misled or fraudulently induced him to purchase the phone from you. Thinking all AT&T iPhones were unlocked was his fault unless you knew or had reason to know this was the key reason he was buying the phone.

    (This post does not constitute legal advice, and no attorney-client relationship is to be construed.)
     
  7. Applejuiced macrumors Westmere

    Applejuiced

    Joined:
    Apr 16, 2008
    Location:
    At the iPhone hacks section.
    #7
    Did you advertise the phone as factory unlocked?
    If not and he thought wrong then it's his fault. Tell him you're not giving him a penny and officially unlocked iPhones are not sold in the US until sometime in November. So clearly he didn't know what he was getting himself into but not your problem.
     
  8. Ajones330 macrumors 6502a

    Ajones330

    Joined:
    Jul 9, 2008
    Location:
    SEC Country
    #8
    Sounds like he is trying to pull a fast one on you. I would change my number because anyone that has not been under a rock knows the iPhones are not unlocked in U.S. I agree don't refund anything, he will not take you to court. He is scamming you
     
  9. Jimbo47 macrumors 6502a

    Joined:
    Jun 21, 2010
    #9
    As others said, his case wouldn't hold up in court. The judge will probably ask for a copy of the listing printed from craigslist, and say the guy should have researched before he bought it.

    I'm a criminology major and we discussed a couple of scenarios similar to this.
     
  10. KobeWoods thread starter macrumors newbie

    Joined:
    Jun 27, 2010
    #10
    I never mentioned anything to him that the phone was unlocked, I just said it's ready to have your sim-card placed inside since I already activated and removed my original sim card.

    Thanks for the advice fellas, I guess I will let him know that I will counter-sue for his harassment of calls he has given me the past 2 days.
     
  11. Invincibilizer macrumors 6502a

    Invincibilizer

    Joined:
    Aug 18, 2011
    #12
    If you did not advertise it as Factory Unlocked, DO NOT REFUND. Its his/her fault for assuming

    If somewhere you did mention unlocked,unlocking, then yes refund the buyer
     
  12. Applejuiced macrumors Westmere

    Applejuiced

    Joined:
    Apr 16, 2008
    Location:
    At the iPhone hacks section.
    #13
    I agree with the above that he's probably trying to pull a fast one on you. Tell him if he calls you again you will call the cops and press charges.
    Who knows what he did to the phone or what his problem is but don't give him any money back.
     
  13. r.j.s Moderator emeritus

    r.j.s

    Joined:
    Mar 7, 2007
    Location:
    Texas
    #14
    No need to threaten to sue ... get a restraining order. Much more effective in the long run.
     
  14. akj27 macrumors member

    Joined:
    Oct 2, 2010
    #15
    I can tell this guy is a lawyer. lol
     
  15. Loves2spoon macrumors 65816

    Loves2spoon

    Joined:
    Jun 3, 2010
    Location:
    California
    #16
    Hell no, craigslist transactions "ALL SALES ARE FINAL"

    Your probably going to get shot or get robbed. Stay away!!
     
  16. macse30 macrumors regular

    macse30

    Joined:
    Jul 30, 2009
    #17
    Use Google Voice for CL transactions next time so you can block calls after the deal has been done fairly.
     
  17. TraceyS/FL macrumors 68040

    Joined:
    Jan 11, 2007
    Location:
    North Central Florida
    #18
    Meanwhile, be sure to print out the info on the unlocked phones not being available until November, with the date and time stamp in the header/footer.

    He won't have anything to stand on....
     
  18. ijohnbro macrumors regular

    Joined:
    Oct 27, 2010
    #19
    You sold him a good working iPhone 4S you did your part. The carrier he is with and all of that jive has nothing to do with you. If he isn't on ATT that's not your problem. You have nothing to do with carriers you just sold him the phone.
     
  19. OSMac macrumors 65816

    Joined:
    Jun 14, 2010
    #20
    You mentioned you told him to just put his SIM in and its ready to go.
    Surprised he did not do that when you took it to him.

    Did the listing state it was an AT&T iPhone ?

    If AT&T was not mentioned
    or if you feel he was a good buyer that made a honest mistake
    maybe just take it back and resell it, only lost a couple days...
     
  20. r.j.s Moderator emeritus

    r.j.s

    Joined:
    Mar 7, 2007
    Location:
    Texas
    #21
    Feelings don't matter, they can be wrong. Who knows if the buyer did anything to the iPhone during the time he had it.
     
  21. Small White Car macrumors G4

    Small White Car

    Joined:
    Aug 29, 2006
    Location:
    Washington DC
    #22
    What an idiot.

    How in the world did he think that using an upgrade to get a subsidized phone on your AT&T family plan was going to result in an unlocked phone?

    Really? AT&T locks their subsidized phones? How could he have known!
     
  22. mobutt macrumors 6502

    Joined:
    Jun 22, 2010
    #23
    Beautiful idea.
     
  23. phillyphill macrumors 6502

    phillyphill

    Joined:
    Apr 23, 2010
    Location:
    lorton
    #24
    Yeah i always use google voice, don't need some creep calling me. then again I've never really had an issue with cl.
     
  24. Kadman macrumors 65816

    Kadman

    Joined:
    Sep 22, 2007
    #25
    There's no way I'd take it back. If nothing else, for the simple reason that you have no idea what he's done to it. He could have scratched it up, gotten water in it, or very likely tried to unlock it via some crazy website and who knows what state the device is in now. Hell, he could have put the case of a 4 on the 4S and kept the new "guts."

    Point is, some stranger had it for xx hours/days. Do you really want it back?
     

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