Differential dispute

[doradox]

emphasis mine

No, and don't put words in my mouth.

E

I didn't. I simply asked you a question as your

previous post made no mention of misrepresentation.

Misrepresentation puts a different spin on things. That's what false advertising is all about.

If the item was intentionally (tricky to prove by the way) misrepresented, then it's fraud ... period. Not much more can be said.

If it is unintentional, then a simple offer to refund would suffice. Or in the case of a business, a price reduction to what the item's actual selling price would be. (Interesting to note that when someone gets the better part of a deal, they're NOT going to come back and allow the seller to charge more.)

However an individual who is not in the business of selling parts or wouldn't necessarily know the selling price of the lesser item shouldn't be forced to accept the price reduction tendered by the buyer. The buyer is not going to offer an equitable price. It would be up to the seller to decide what would be correct. If the buyer doesn't like it,, then get a refund.

E

Absolutely.

But, and this an important but, if the original advertisement or offer for sale SPECIFICALLY expressed that there is/was some uncertainty as to the item's actual or supposed characteristics, then it's up to the buyer to ascertain whether it meets his purpose and/or whether it is or isn't what the item is purported to be. And at that point, if the item proved to NOT be what the buyer thought it would be... then YES, tough luck.

E

Again, I agree.

However, let me turn it around on you and see if it isn't an unfair question both ways.

Are you saying that if the item is misrepresented / mis-identified and instead of being a lesser item (as apparently an R-160 vs an R-180) instead it is a highly desireable item such as a Racing LSD, would you go back and offer to pay the seller MORE money for it?

E

I am not required to do so but depending on who I was buying from I might.

It's the sellers FULL responsibility to accurately represent the item for sale regardless of whether or not that item is actually worth more or less than a true representation. They have possession of the item and are not being forced to offer it for sale so they have every opportunity to properly identify the item.

I'll bet you don't even let them know.

A FAIR transaction is fair, regardless of which side of the transaction you are on. If it favors one side over the other, then it's obviously NOT fair.

E

A fair transaction relies on both parties having the opportunity to do their part. If the seller is too lazy to do what he needs to do to properly identify his property and prices it too low that's not the buyers problem. If the buyer hasn't done his homework and finds that he could have purchased a like item for less that's not the sellers problem. If the item is accurately represented and the price agreed upon by both parties then the transaction is "fair" regardless of the "market" value of the item sold.

In this specific example, only the seller is explaining his side. The buyer could just as easily be lying as to the identification of the differential. So, have the guy return it, and get his money back.

E

This is a possibility.

Wonder if he would accept that? That would be the true measure of his dissatisfaction.

E

Steve

[IdahoKidd]

You know it is a good deal when each party is walking away saying "I sure screwed him!"

[chicago240z]

Thanks for some input, I will offer him to bring it back to my house and give him refund, I cannot give him money back It took me a while to get it out and deliver it so I basically sold it for 60 bucks and 20 towards delivery, feel bad I didnt know it was supposedly a 160, looked like a 180, this is what you get when you go out of your way to try and help someone, he needed some parts for his 510 rally car I knew I had in a parts car Im on disability and this definately wasnt worth the time or pain oh well lessen learned

Thanks all