Legal Question in Civil Litigation in New Hampshire

Ad misrepresentation

I recently had a transaction involving a gentleman from the state of NH while Im in Ca. He had an ad on e-bay for diamonds that were of a certain clarity and color. When item was received it was nowhere near what he had said it would be. Have made efforts to get money back and he says that since it said ''no refunds'' he doesnt have to refund our $1885.00 and would rather try to exchange it. We dont want to exchange the merchandise and since he, himself, misrepresented the item, is it possible that he has forfeit the right to say ''no refund''. If so, is it possible to take him to court? What would the proper steps be since he and I are in two different states?


Asked on 12/10/03, 1:29 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Ad misrepresentation

Since the seller availed himself of jurisdiction in California, you may sue in small claims court near your home. You would want to get an appraisal from a diamond expert in town -- under penalty of perjury -- to show to the judge. Collecting is another matter. You would have to obtain a certified copy of this court's judgment, have a lawyer in NH domesticate it, and then attempt to collect against the person in NH. You might also complain to eBay and have him barred, and perhaps to law enforcement authorities if he's done this a lot. Sorry to say that you got suckered! Good luck to you. -Robert F. Cohen, Esq.

Read more
Answered on 12/10/03, 2:23 am


Related Questions & Answers

More General Civil Litigation questions and answers in New Hampshire