My 10 year old daughter saw a saddle on a Craigslist ad placed in Ohio. We live in AZ. She saved for a year because she needed a 13" saddle because the 14" saddles we had were too big. The saddle was advertised as 13" lime green barrel saddle so I contacted them. I had them see how much to ship it. they got back to me and advised shipping would be $50. I advised them that was too high because just got heavier bigger saddle shipped to me for 29 and change thru the post office. I asked her the brand and to check and make sure it was a 13" saddle because if it wasn't we couldn't use it and told her my 10 year old was paying herself. She said she was sure it was a 13" saddle and that she had looked all over the saddle everywhere and couldn't find a brand and refused to give me the website they purchased it from claiming it was a gift from her mother to her daughter. I kept all the texts and the e-mails and made 2 copies of the ads showing all the pictures and ad id clearly. I advised I could send $200 plus shipping for the saddle breastcollar headstall and blanket and told her only based on it being a 13" saddle. She agreed and gave me her name and address. I sent her a money order for $250 and she was supposed to send all the pieces and return unused shipping to me. She delayed shipping and then when the saddle arrived, not all the pieces were there and it was a 14" saddle not just by measurement but was clearly marked on both sides on the leather tags so was too big for my daughter. When contacted she claimed she was told it was a 13" instead of checking. It was shipped thru us postal service as was the money order she cashed. I advised her 14" saddles are common, 13" are not and since she said she was sure and she advertised it as 13" and didn't include all the pieces that she owed my daughter back the difference in shipping and the difference in value or she could pay us back all and we would ship back. She claimed she was just taking someones word that it was a 13" even thought she herself texted she was sure. I see it as false advertising, size in inches is not a judgement call but a true measurement. If I sue her in small claims am I allowed to phone in or in civil court in Ohio or do I need to sue her in Phoenix since that is where I am?
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what recourse against a misrepresented item bought through the mail from craigslist
- Thread Starter pandy13
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mightymoose
Moderator
You would have to sue in Ohio which is not at all practical over $250.
When it gets down to it, it was your responsibility to inspect the item prior to purchase.
Had you bought from a store you might have some return/refund options, but in your case your only real hope is to politely persuade the seller to refund some money. I would not bother with a return since you will pay so much in shipping and run the risk of not getting your refund after sending it back.
When it gets down to it, it was your responsibility to inspect the item prior to purchase.
Had you bought from a store you might have some return/refund options, but in your case your only real hope is to politely persuade the seller to refund some money. I would not bother with a return since you will pay so much in shipping and run the risk of not getting your refund after sending it back.
disagreeable
Well-Known Member
At this point, you are likely best to sell the saddle and salvage what you can of the money. As the parent, I think you should assume the financial loss, since you failed to make appropriate arrangements to protect your daughters interests. Suing would require multiple trips to OH, to file and appear.
army judge
Super Moderator
OP, this doesn't apply to you, but to others!
NEVER, EVER, EVER BUY ANYTHING FROM A CRAIGSLIST ADVERTISEMENT.
Craigslist is a very, very dangerous and unsavory place, as is most of the Internet.
NEVER, EVER, EVER BUY ANYTHING FROM A CRAIGSLIST ADVERTISEMENT.
Craigslist is a very, very dangerous and unsavory place, as is most of the Internet.
disagreeable
Well-Known Member
LOL. Just bought set of used tires for my old Chevy pickup. The ones on it dry rotted flat.
army judge
Super Moderator
I hope you get some value out of your purchase.
I'll bet you bought them from someone in your town or near you.
That's better than buying a pig in the poke.
I have a friend that will forever regret her decision to date a guy she met on Craigslist. I'm happy she's alive. I'm happy you're satisfied with your purchase.
disagreeable
Well-Known Member
I would never buy off Craigslist unless I can personally inspect the goods.
To the original poster: I'm very sorry to hear about what happened. You seem to be a sincere person.
1. You don't necessarily have to sue in Ohio but the cost to go to court in Arizona would probably be prohibitive. This is because if you wanted to use a "long arm statute" to attempt to bring the out of state resident into court, of which there is questionable success here, you'd have to go to a civil court with the authority and power to do so and which will cost you far more money than small claims court.
2. As you can see, most posters think you're 100% right as do I. However, the remedies to right this wrong are unfortunately not practical. I doubt that you'll get another answer elsewhere that will make this simple.
3. Could this be mail fraud? Perhaps, but I don't see the authorities and DA making this case priority to prosecute.
4. The advice about never buying anything without inspection over Craig's List is a good one. You have little ability to test the honesty of the seller in advance other than their word. There is no rating for the seller that would document prior transactions with that seller. There is significant ability to commit fraud when there is absolutely no checks and balances system as there are on other online marketplaces. In addition, I'd never ever send cash to anyone prior to inspecting merchandise. Once the cash is gone, your recourse is likely gone with it.
Best of luck, I hope it works out but you'll probably need a remedy other than the law to help you here unless you'd like to file in Ohio for the sake of suing her (might cost a few dollars) and seeing how that flies. Might be worth a risk.
1. You don't necessarily have to sue in Ohio but the cost to go to court in Arizona would probably be prohibitive. This is because if you wanted to use a "long arm statute" to attempt to bring the out of state resident into court, of which there is questionable success here, you'd have to go to a civil court with the authority and power to do so and which will cost you far more money than small claims court.
2. As you can see, most posters think you're 100% right as do I. However, the remedies to right this wrong are unfortunately not practical. I doubt that you'll get another answer elsewhere that will make this simple.
3. Could this be mail fraud? Perhaps, but I don't see the authorities and DA making this case priority to prosecute.
4. The advice about never buying anything without inspection over Craig's List is a good one. You have little ability to test the honesty of the seller in advance other than their word. There is no rating for the seller that would document prior transactions with that seller. There is significant ability to commit fraud when there is absolutely no checks and balances system as there are on other online marketplaces. In addition, I'd never ever send cash to anyone prior to inspecting merchandise. Once the cash is gone, your recourse is likely gone with it.
Best of luck, I hope it works out but you'll probably need a remedy other than the law to help you here unless you'd like to file in Ohio for the sake of suing her (might cost a few dollars) and seeing how that flies. Might be worth a risk.
thx all
since the original posting the person sent us a 50 check that hopefully goes thru but if not adds more fuel,,,,also gave a website they claim to have ordered the saddle from who I contacted with pix and now they want my contact info for the person to go after them for attempting to claim they made this saddle which they did not also, i have bought 4 other saddles thru online craigslist out of town ads in the past 3 years and so far have gotten more than my moneys worth
since the original posting the person sent us a 50 check that hopefully goes thru but if not adds more fuel,,,,also gave a website they claim to have ordered the saddle from who I contacted with pix and now they want my contact info for the person to go after them for attempting to claim they made this saddle which they did not also, i have bought 4 other saddles thru online craigslist out of town ads in the past 3 years and so far have gotten more than my moneys worth
disagreeable
Well-Known Member
I have an update of sorts also. I attempted to buy a truck on CL about 10 days ago. The seller, after I test drove the truck etc... gave me a fake VIN to run. After I called him on it, he claimed not to have knowledge, though his brother was supposed to have purchased the truck new. I reported him to the police dept., which happened to be 2 houses from where he showed the truck.
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