Legal Question in Consumer Law in Georgia

Did this ebay seller misrepresent this auction?
I am located in Georgia and recently won an auction on eBay for an electronic device. The seller, located in Maryland, specifically listed in the auction description that the actual unit for sale contained a specific feature. It also indicated that the unit is sold in �as-is condition�. The unit I received will not function at all and the specific feature it was advertised as having CAN NOT work because the internal parts necessary for this feature have been removed and are not with the unit I received. My question is which statement in the description is the seller bound to? Am I out of luck because the description states �as-is�, or am in luck because the seller indicated the unit possessed the specific feature and in fact it does not? If this is actionable, which state must I file in?

Asked on 9/18/04, 11:52 am

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

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Re: Did this ebay seller misrepresent this auction?

If you sued, you'd probably have to go to Maryland.

Because of the misrepresentation, I'd start with a complaint to eBay.

Hopefully you paid by credit card which would let you try a charge back. Never ever buy by mail using Pay Pal, checks or money orders.

Answered on 9/18/04, 1:50 pm

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