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Bought A Used Phone Privately - Refund After 6 Months?

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The Spirit of X21
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Bought A Used Phone Privately - Refund After 6 Months?

#1 Post by The Spirit of X21 » Fri Mar 10, 2023 8:47 am

Hi all -

Wanted to run this by the minds of the forum and get some perspective...

Back in November, 2022 I bought a used iPhone from a seller on another computer forum. He said it was unlocked, so I bought it and kept it in storage as a backup device.

Flash forward to February 2022 - I sold the phone to a friend. Turns out, the phone wasn't unlocked.

I asked my seller to look into it, they bought it from an eBay seller who claimed it was unlocked. That eBay seller was unresponsive (surprise!)

I refunded by buyer, but am I entitled to a refund from my seller after five months? In my view, my seller sold me a device that wasn't as described. At the same time, it's been far more than a month, so am I owed anything?

Thanks for your thoughts.
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RealBlackStuff
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Re: Bought A Used Phone Privately - Refund After 6 Months?

#2 Post by RealBlackStuff » Fri Mar 10, 2023 11:17 am

You should have tested/checked it upon receipt, NOT 6 months later.
By now you are NOT entitled to anything, since you had it long enough to do things like locking/damaging it yourself.
Lovely day for a Guinness! (The Real Black Stuff)
But I actually prefer Murphy's from Cork!

The Spirit of X21
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Re: Bought A Used Phone Privately - Refund After 6 Months?

#3 Post by The Spirit of X21 » Fri Mar 10, 2023 12:05 pm

Makes sense, thanks RBS.

Anyone else, feel free to chime in!
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Re: Bought A Used Phone Privately - Refund After 6 Months?

#4 Post by TPFanatic » Fri Mar 10, 2023 4:53 pm

By your testimony you got scammed. Some online payment processes such as the PayPal protect your right to receive the Good or Service you paid for. If you sent cash by any other means then you're likely out of time and your sunk cost is sunk. By the way it's only been 4 months so you may still have some protections. You're also in the USA so you have the judicial process if you're sufficiently offended.

Absent that, getting a new phone is going to be cheaper and easier. I myself recently bought a C-grade 256GB SE model for $100, because no one else makes a small phone anymore.

The Spirit of X21
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Re: Bought A Used Phone Privately - Refund After 6 Months?

#5 Post by The Spirit of X21 » Sat Mar 11, 2023 8:30 am

You're right TPF - just a hair over 4 months actually, though I think we can have the same discussion...

I found it interesting as I had never thought about it before, and I usually think about these transactions in the context of purchasing something through a store like Walmart or Target, where the warranties on purchased goods can last upwards of a year.

These small private sales, though, seem to follow a scenario of accepting the product as-is, unless a serious defect is found within a short period of time... say, 30 days.... but nothing is set in stone, it seems rather wishy-washy, which is what makes it interesting in my mind...

How do I search for the laws regarding these sorts of transactions? I've been looking through the Rhode Island General Laws out of curiosity, but I haven't found anything...
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Re: Bought A Used Phone Privately - Refund After 6 Months?

#6 Post by TPFanatic » Sat Mar 11, 2023 9:20 am

I admit I suggested judicial process mostly tongue in cheek since it's a PITA.
That said: https://law.justia.com/codes/rhode-isla ... er-6-13-1/

Services like PayPal and the Credit Card network do offer to fight for your money back if you have been scammed, if you qualify by reasonable conditions, such as you file the dispute within a reasonable time. PayPal's is 180 days, the money networks are a lot shorter. This is generally the best shot at an easy, least-painful resolution and recovery. You need to check your records if you still qualify for it, or ever did.

PayPal friends and family, Venmo, StealYourCashApp, actual cash, Debit Card, ACH... NEVER use these to pay for a Good or Service as you're just throwing away rights. If the cost is certain people don't want your money, it's good for all parties, since you save money. :thumbs-UP:

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