Consumer Fraud Cooktop Bought on Craigslist in Texas

[Dweber]

Jurisdiction

Texas

Yesterday I bought what was advertised and shown as a stainless steel cooktop. Both the description and photo showed stainless. When I got it home and opened the box I found out it's black. The seller will not give me a refund and basically is saying screw you, you should have inspected it. Is Craigslist caveat emptor no matter what or how a product is listed? I agree I'm the dummy who didn't inspect it before carting it home; however, I've purchased quite a few things on the site and never had any problems so really wasn't thinking of it. Do I have a small claims court case that has a strong possibility of going in my favor because of misrepresentation? At this point, because of how the seller is acting, it's more a matter of principal than money. Any insight will be appreciated.

 

[adjusterjack]

Yesterday I bought what was advertised and shown as a stainless steel cooktop. Both the description and photo showed stainless. When I got it home and opened the box I found out it's black. The seller will not give me a refund and basically is saying screw you, you should have inspected it.

He's right. You should have opened the damned box before handing over the money.

Is Craigslist caveat emptor no matter what or how a product is listed?

Yes. Absolutely.

I agree I'm the dummy who didn't inspect it before carting it home; however, I've purchased quite a few things on the site and never had any problems so really wasn't thinking of it.

You've been lucky if you've been buying stuff without "thinking."

Do I have a small claims court case that has a strong possibility of going in my favor because of misrepresentation?

No. The judge will just laugh at you.

Besides, I'm guessing that if you check the manufacturer's specifications you will find that the item is made out of stainless steel and then painted.

At this point, because of how the seller is acting, it's more a matter of principal than money.

No, it's not a matter of principal, you want your money back, otherwise you have nothing to sue for, which you wouldn't win anyway. So just accept you life lesson from the school of hard knocks and enjoy your black stove top.