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WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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My friend, an elderly widow, bought a cell phone from a

Customer Question

My friend, an elderly widow, bought a cell phone from a market trader who assured her that the phone was new. On inspecting the said phone at home it is obviously old phone because of its condition, once removed from the protecting pouch, and there are still many images and sms from a previous owner. Does this constitute fraud and is she entitled to a full refund ?
Submitted: 2 years ago.
Category: South Africa Law
Expert:  WCLawyer replied 2 years ago.

Good Morning

It is a fraudulent misrepresentation, which entitles her to cancel the agreement and claim her money back, provided of course that she return the phone. It would probably constitute criminal fraud as well.