Legal Question in Consumer Law in Virginia

I was given a gift that was purchased off of a website based in california. the add said the item " a 15"x15" tshirt press" was brand new in the box. when i was given the gift i found it was not brand new and it was missing parts. i tried to contact the site and was told i was brand new when they sent it and it was past the 30 day return so i was stuck with it. i don't know what to do, the add said new and the picture in the add was a new item, the one i opened up was not it was old dirty and even had rust on it. Scott


Asked on 1/08/10, 2:10 pm

1 Answer from Attorneys
Jonathon Moseley Moseley & Associates Law Firm

Normally, I would say that the person who received a gift has no "standing" to complain. You would have to get the person who bought the shirt to complain and to sue.

For one thing, you can't prove that the shirt was NOT new when it arrived.

However, it is awkward to tell the giver of a gift that it was bad.

Normally, you would file a claim in small claims court because the amount of money involved would be fairly small compared to a typical lawsuit.

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Answered on 1/16/10, 8:24 pm


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