Legal Question in Business Law in Massachusetts

Purchased "bad" product

I recently purchased a pair of shoes over the internet for $200. Before buying them, I asked the seller whether there were any scratches and she responded "no scratches." I got them in and there are some scratches on them. I wrote her requesting my $$ back and she says that her definition of scratches is "deep cuts" not "minor scratches." I feel I was misinformed of the condition of the shoes and I am entitled to a refund. She refuses and says she does not feel she was dishonest. Please advise as to whether you think I have a case. Also, we live in different states -- how will small claims court work?


Asked on 2/12/99, 4:19 pm

3 Answers from Attorneys

Re: Purchased

You're right. Phone your credit card company, tell them

the story, and they'll pull the money out of the account of

the seller; you'll have to follow that up with a letter to them

explaining the same thing (within a few days), and also a

receipt showing that you mailed the shoes back to them.

(Have a witness, for example, a post office employee, watch you

put the shoes into the box and seal it up for mailing. Take

a Polaroid of the event if you really want to drive the point

home.) If you don't return the shoes, you can't get your money

back.

Be sure to write down the gist of the conversations you had -- they

essentially admitted that there were small scratches when they sent the

shoes to you, which would be hard to prove through other means (hard to

prove that you didn't cause the scratches, that is; but their admission

helps your case immensely.)

Call me for further advice or to send me "my third" (he-he) when you get

your money back finally.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.

Newton, MA

02459-2509

[email protected]

(617) 527-0050

The credit card company takes the role of arbitrator; aint life as a

consumer in the U.S. just great?

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.


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Answered on 2/15/99, 1:32 pm

Re: Purchased

Did you get your money back? (For the shoes?)

(By the way, you don't owe me anything. I was only joking.)

Please write. ([email protected])

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Answered on 8/01/99, 1:22 pm
Alan Pransky Law Office of Alan J. Pransky

Re: Purchased

You may get a judgment from small claims court but I doubt you will be able to collect it. If you paid by

credit card, you can send a letter to your bank requesting a chargeback due to the defective product.

This may result in a resolution to your satisfaction. You can always go to court after you try this

method.

Alan Pransky

Law Office of Alan J. Pransky

20 Eastbrook Road


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Answered on 2/13/99, 10:06 pm


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