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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I purchased a embroidery machine on ebay and when it arrived

Resolved Question:

I purchased a embroidery machine on ebay and when it arrived it was missing multiple parts that the ad said were there. The person has offered me $500 to settle the claim but the parts that are missing would cost over $3000 to replace. This is fraud isn't it. The machine I received is not the one listed in the ad. Can I get the product he advertised? Palpay is incestingating the claim but there solution in my favor would leave with a $400 shipping charge to receive my original investment back. I want to know can I sue him and also can I file fraud charges against him?
Submitted: 7 years ago.
Category: Legal
Expert:  TexLaw replied 7 years ago.
Hi

Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.

I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.

Fraud is a false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury. Thus, you may have a fraud situation, if you can show that the seller intended to misrepresent the machine to entice you into giving them money. As you stated that the machine shown and listed in the ad is not the same one that you received, then there may be a lawsuit for fraud. You likely also have a lawsuit against the seller for breach of contract. You can sue the seller for this as well, and likely be able to recover the full cost of the missing parts, as you are entitled to the benefit of your bargain in addition to consequential damages you incurred as a result of the breach of the contract.

In regard to filing criminal charges against the seller, this might be a more difficult task. However, if you believe that this person is truly performing a criminal activity, then you should contact the FBI and make a report. If you can ascertain that the seller is in the same state as you, then you should contact your state's attorney general office and file a complaint there as well.
I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation, you should consult with an attorney licensed to practice in your state.


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