Legal Question in Technology Law in New York

I traded an iPhone 3GS to a kid online and in return he gave me an iPod Touch, iPod Video, and an External Hard Drive. When I bought the iPhone, I was told that the screen just needed to be replaced, so that is the information I gave to the kid. Now he is telling me there are all these things wrong with it that I was never aware of (half of which I think are bs anyways). Now he's demanding me and basically trying to force me to give him his stuff back (But I already sold both iPods). I didnt sell him a "bad" phone on purpose. This was done through a forum and I have a good amount of refs on there and have done business with the same people more than once. He is now saying he is going to press charges and call his lawyer. I live in New York, he lives in PA. Can I even be charged with anything? Or is he just trying to scare me?


Asked on 8/08/10, 5:55 am

1 Answer from Attorneys
Stuart Austin Austin Law Associates, PC

He is more likely to sue you civilly than to prosecute criminally. For a criminal prosecution he would have to show fraud. To do this he would try and show that the iphone, at the time of sale, was so damaged that you had to have known and tried to hide the problems.

Good Luck

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Answered on 8/13/10, 10:01 am


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