(OT?) Legal question
I "won" an on-line auction(not G/B)and it turns out that the item I won was not described correctly in the auction advert blurb.
I won't reveal the exact details here but as an example lets say a Winchester rifle was described as a Remington and the two pictures posted looked exactly like a Remington.
Lets say the Remington would have been worth about 10 times what the Winchester was worth.
I had to click the "agree to" section before bidding and of course according to what I ageed to, I have NO rights to complain, return, etc...
The rifle I won was totaly misrepresented as to brand name, they even used the wrong brand name in the blurb.
What legal recourse if any do I have?
I won't reveal the exact details here but as an example lets say a Winchester rifle was described as a Remington and the two pictures posted looked exactly like a Remington.
Lets say the Remington would have been worth about 10 times what the Winchester was worth.
I had to click the "agree to" section before bidding and of course according to what I ageed to, I have NO rights to complain, return, etc...
The rifle I won was totaly misrepresented as to brand name, they even used the wrong brand name in the blurb.
What legal recourse if any do I have?
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Have you contacted the seller to determine if they might have made an honest mistake? (or perhaps a moronic mistake)
If any of this took place via the U.S. Mail you may have grounds for a mail fraud case. You'll need to document everything, including a good print out of the auction photos and description, all your correspondence, etc.
It might be a good idea to send them a certified letter (w/ return receipt) demanding that they make good before contacting the authorities.0 -
Get their phone number and call them up. It's possible if they had multiple auctions a simple package mix up occured. Before you start bit/chin', make sure you need to. 0 -
You failed to read the Posting Guidelines on this site; problems with auctions are not allowed on the Ask the Experts forum. You can expect your posting to be deleted without explanation.
Neal0 -
chasdav,
UPDATED:
Please check your e-mail. I've tried another route. I see that I read your post wrong and I'm letting this open up on the another forum.
I am unlocking this and sending it over to General Discussion and they can delete it if they wish.
Best.
Moved to General Discussion0 -
KeeRIST..delete the sumbeech if you want to.
What's wrong with asking a legit qustion about ANOTHER auction outfit?
I doubt I am the first guy to get snookered by an on-line auction "win".
Seems like making sure auction "customers" were protected would be a GOOD idea around here...0 -
What you sign as an "agreement" and the law typically have little in common.
Contact your credit card company and dispute the charge as not having received what you purchased. Return the item if possible. If you did not use a credit card, you are screwed. If you used Paypal, you may be able to use their buyer protection but they are pretty much pro-seller.
Make copies of the auction pages for reference/proof.
Neither you nor the party you bought this from will ever take this to court so the "agreement" means nothing.0 -
Contact the seller. Agreement not withstanding, if you bid on a Ford, and they ship you a Dodge, that was not the agreement. Possible honest mistake. If they will not cooperate, contest if you used a credit card, complain to the auction site, and US Postal Inspectors Office. Assuming SOME part of the deal went thru US Mail. If seller has decent feedback, unlikely they have decided to start ripping people off. 0
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