Detroit, MI asked in Consumer Law, Admiralty / Maritime, Communications Law and Federal Crimes for Michigan

Q: Bought an item from auction clearly stating unused and when I got it it has missing screws and been tampered with..

Item doesn't charge and clearly been used and tampered with..

2 Lawyer Answers
Tim Akpinar
Tim Akpinar
  • Maritime Law Lawyer
  • Little Neck, NY

A: The admiralty/maritime connection (one of the chosen categories) isn't fully clear here, unless this involves a vessel. Otherwise, it could be a basic matter of breach of contract, depending on sales agreement and auction platform's terms of service. Before involving attorneys, it could be worth exploring possibility of cost-effective resolution through seller or auction platform. Good luck

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA

A: If you've received an item from an auction that was listed as unused but arrived in a used and tampered condition, the first step is to document everything. Take clear photos of the item, focusing on the areas where there are missing screws and signs of tampering. Make sure to keep all the packaging and any correspondence related to the purchase.

Next, reach out to the auction house or the seller to report the issue. Include your documentation and clearly state how the item differs from the advertised condition. Request a refund or a replacement, depending on your preference. Most reputable sellers or auction platforms have procedures in place for resolving such disputes.

If the seller or auction house is unresponsive or refuses to help, check if there are any buyer protection policies or guarantees offered by the platform or your payment method. You may also consider seeking advice from a consumer rights organization in your area. They can guide you on the next steps to take, including legal options if necessary.

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