Q: Can I sue someone from Craigslist for selling me a misrepresented dog breed?
I purchased a dog from a seller on Craigslist who advertised it as an 11-month-old purebred Pomeranian for $400. The listing explicitly stated "Pomeranian," and the seller implied the dog was purebred, mentioning I was getting "a really good deal." Upon receiving the dog, I noticed it has gray fur in some parts and appears mixed with Chihuahua, indicating it might not be purebred. Unfortunately, the seller provided no registration papers or proofs, and there was no contract for refunds or terms stated. I attempted to contact the seller regarding these discrepancies, but I have been blocked. I have proof of the Craigslist listing and our message exchanges. Can I pursue legal action for false advertisement and misrepresentation of the dog's breed?
A: You can always try, but the issue is, how likely would it be that you would win? How much are your damages (how much is the dog you received worth)? With no written contract and no requirement for papers, its a "he said, she said" situation. Court costs are around $180.00 for small claims. Do you know this person's real name and residential address? You have to sue in the county where this person lives, have their real name and address. You will not be compensated for your travel or missed time from work. You might lose because it's common sense to realize paying that little for a purebred dog is not realistic. It's impossible for any lawyer to give you a good opinion without seeing the ad and having a recording of the verbal representations as well as seeing the dog. I would give you a 50% chance of winning and I'm not sure it would be worth the time and effort. In addition, we have no wage garnishment here in North Carolina and many people have no assets worth taking to satisfy a judgment. You chances of collecting the money if you win are slim, and there's additional work serving additional paperwork after you get a judgment before the Sheriff can even try and collect anything for you if they do not pay.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.