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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36626
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Responded to an ad on CL, Thursday. item: a leather

Customer Question

Responded to an ad on CL, Thursday. item: a leather sectional for $1500 or BO. protection plan included. For the most part this was something I was interested in. There was a discoloration of the leather on the seat on one recliner. The seller thought she could remove it. I inquired if the protection plan was transferable. They checked the paper work but couldn't come up with a response. The said they would contact Jordan's to be sure.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: New Hampshire
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: The following morning I received an email thru Cl stating that the protection plan does not carry over to new owners. Then it went on to state that they decided it was worth more than they offered it for and were now removing it from CL and would be reposting it for $2000. Isn't this Bait and Switch? Is there any protection against this?
Submitted: 8 months ago.
Category: Legal
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Did you actually pay for the sectional?

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thanks

Barrister

Customer: replied 8 months ago.
No
Expert:  Barrister replied 8 months ago.

Ok, then unfortunately, there was just an offer to sell the sectional that was never legally accepted by you. An offer can be rescinded or revoked at any time prior to it being accepted and any consideration paid..

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So legally they can revoke their offer to sell at any time up until you hand them the money..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 8 months ago.
Isn't this Bait and Switch?
Expert:  Barrister replied 8 months ago.

No, it is just an offer that was cancelled before it was accepted. Bait and switch is where you go into a retail merchant to purchase an advertised item and they then try to sell you a different item, normally for more, or one of inferior quality to the one that was advertised.

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That doesn't apply in a private person to person transaction..

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thanks

Barrister

Customer: replied 8 months ago.
what you're saying this is acceptable on Craigslist
Expert:  Barrister replied 8 months ago.

Unfortunately yes.... until a sale is concluded with the money and the items exchanging hands, either party can back out. The seller couldn't force you to buy the sectional if you showed up and decided you didn't like it.. So it goes both ways..

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And Craigslist is just a public bulletin board...they don't police or control how transactions occur between buyers and sellers.

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thanks

Barrister