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Craigslist purchase gone bad

Discussion in 'Consumer Fraud & Scams' started by Ultimaxum, Jul 15, 2016.

  1. Ultimaxum

    Ultimaxum Law Topic Starter New Member

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    On the 28th of June I contacted a seller on Craigslist about a leather couch for 280$. The ad said in excellent condition. No mention about bug infestations. It was delivered to my house by the seller and his worker either on the 28th or the 29th of June. They put in my bedroom where I wanted it. I paid them 250 or something. I have witnesses and an email for proof of purchase. Around the 11th of June I exposed myself to poison ivy from weed waking my yard. It did not come to a head until 9 days later around the 20th or something of June. I went to see my doctor about it and they prescribed me 3 weeks of tapered Prednisone. I bought the couch mid week into week 1, and by the start of week 2 when my Prednisone step down occurred I had started itching and seeing multiple red bumps. I thought they were bug bites but called my doctor and explained things. They told me it was nothing to be concerned with and the issues I was having was not possible while on Prednisone. By that Friday, July 8 2016, I had multiple red bumps on my body and my hand was breaking out. I went to the local clinic and they confirmed a recurrence of poison ivy, possible bug bites, and contact dermatitis. The doctor prescribed me a topical steroid to apply 2 times a day for the duration for the (poison ivy) rashes. By Monday July 11 2016 I had extensive rashes all over my legs, midsection, buttox, and torso. I called my GP who had me go in for an examination that day. They told me it could be heat related contact dermatitis and poison ivy. They told me there was nothing they were going to prescribe for it and to use the topical steroid cream as ordered. On Tuesday July 12 I called the local clinic for a second opinion and they had me go in for an examination there. It was there that I got more solid answers about poison ivy, "bug bites" and contact dermatitis. We discussed the things I had done over a 2 month period which could be the culprit for the outbreak. One of the things I stated was the recent purchase of hte couch. The doctor prescribed me 4 days of Prednisone 60mg a day and an antihistamine for itching. I called Orkin on July 14 to have them come out to the house to check for infestations and they will be here today July 15th 2016. Well, here we are a couple days past the last clinic visit and I continue to break out something terrible from what is most likely bedbugs which came with the couch I bought off Craigslist. I have incurred the costs of 3 doctor visits, 3 prescriptions, and over 2 weeks of physical pain and suffering at the hands of the infestation of this couch, plus I will incur the cost of a company to come treat our house for these insects. What I want to know is what recourse do I have about this couch, the costs of medical bills, the costs of Orkin, and the physical pain and suffering? This seller may be a private party or a small business as I see he sells many things on Craigslist and another site.
     
  2. army judge

    army judge Super Moderator

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    The lesson here is not to buy used junk you see on KILLERSLIST.

    You can sue the seller, but proving the couch was infested when you bought it will be impossible.

    Focus on getting better, destroying the insect infestation, and removing the filthy, infested couch from your home.

    Remember, don't buy anything off of KILLERSLIST.
     
  3. Ultimaxum

    Ultimaxum Law Topic Starter New Member

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    I bought the couch June 28 2016. 5 days later I was breaking out. Orkin was here and the only thing in our house which they deemed infested was the couch. I have plenty of proof.

    Thank you for your reply
     
  4. army judge

    army judge Super Moderator

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    Great, then suing the seller should be as easy as buying a great, clean couch off of one of KILLERSLIST scrupulous sellers.

    You'll sue the seller, win the case, receive all the compensation you're seeking, and things will be hunky dory soon in your home and life.

    With the financial windfall soon to be in your hands, you can buy more great stuff sold all over KILLERSLIST.
     
    Ultimaxum likes this.
  5. jayh991

    jayh991 Member

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    Although you can sue the seller, you won't win the case.

    When purchasing used items on Craigslist (except in limited circumstances) the legal theory of caveat emptor (buyer beware) applies. It is your responsibility to ensure the product you purchase meets your specifications. You indicate the seller stated it was in good condition and you accepted his description of that by actually purchasing the product. The liability for failing to fully inspect the item falls on you.

    To win your case you would have to prove that the seller knew of the infestation, took some measure to hide that fact from you, and any steps you took to inspect it were thwarted due to the seller's intentional fraud. Since you failed to inspect it and you don't mention anything about the seller hiding the infestation, then you don't have a winnable case.
     
  6. txls

    txls Well-Known Member

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    You bought a used couch. Used. There are no guarantees when you do that.
     
  7. adjusterjack

    adjusterjack Super Moderator

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    Really?

    What kind of proof?

    Did the Orkin man FIND BUGS?

    Did he COLLECT THE BUGS and put them all in a jar for you?

    Will he GO TO COURT testify for you that, in his expert opinion, the bugs came from the couch?

    Will your doctor GO TO COURT and testify that, in his expert opinion, that your medical issues were caused BY THE BUGS, and ONLY by the bugs?

    Beyond the PROOF issue, I agree that you bought the couch AS IS and you'll have a hard time proving anything in court.
     

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