Legal Question in Civil Litigation in Maryland

Girl sold us broken PS2

Yes, it may sound petty but its the principle of the matter. Short story: We bought a PS2 from a girl to replace one that was stolen when our home was robbed. Ad said ''PS2, excellent condition,..'' I asked her if there were any problems with the unit she repeatedly told me no. On the phone, in person, and via email. When we purchased it she gave me a paper from Sony stating it was okay. I asked why she sent it to Sony if there was never a problem with it. She said she sent it because it had been in storage and she wanted to make sure it was okay before selling it. We got home to find that it had a disc read error. I emailed her immediately, she replied stating that it was our problem. I contacted Sony and was informed that the previous owners had called about this same error in 7/05 but, did not send unit in until 11/06. I contacted the seller via email and she told me to sue Sony. She also sent me derogatory replies saying things like ''if you didn't live in the ghetto you wouldn't have been robbed'' and ''you shouldn't have had 5 kids if you don't have money''. She said this because I told her that I don't have $$ to give away. What can I do? I asked her not to email again unless it is to resolve the issue.


Asked on 1/06/07, 8:31 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Girl sold us broken PS2

Based upon the facts you presented, it appears that you were defrauded. You could take the seller to small claims court, but you may have to do so in the state and county where she lives, unless she delivered the item to you when the sale was consummated. To file such a case, you go to the district court in the county and fill out the form that you get at the clerk's office, which is called the complaint. In addition to fraud, you could argue that the seller breached the implied warranty that the product was in good condition. Then you have to send the complaint to the seller by certified mail or have it delivered to her by a process server. You will be given a day in court to tell your story to a judge, and if you prove the fraud or breach of warranty, the judge can award you damages. Good luck.

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Answered on 1/09/07, 9:57 am


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