Small Claims Court Over Rooted Phone SOLD

bornnslippy · Mar 20, 2014

Hi i sold a HOX in the UK for some reason his sim card wouldn't work in it but he was happy to buy it and take it away

My Ad

Hi up for sale is my HTC one X 32GB in black and is in good condition

It is unlocked to any network

Comes with Charger, Usb Cable and is Boxed

Thxs

Ive just received a email saying he would like a refund because he cannot get the sim working and that it is rooted

So i emailed him back saying i had bought another phone which i have and wouldn't be able to offer a refund

Then i recieved a email back saying

But you've advertised the phone falsely, you never mentioned in your ad that it it wasn't running on its original android software. If you're refusing to give me a refund I'll have no other choice but to get in contact with gumtree or failing that CAB/Small claims court. Had you been honest in the original advertisement we wouldnt be having this problem

Did i have to state in the ad that it was rooted?

Any advice would be great

Thxs

wigankev · Mar 20, 2014

bornnslippy said:
Hi i sold a HOX in the UK for some reason his sim card wouldn't work in it but he was happy to buy it and take it away

My Ad

Hi up for sale is my HTC one X 32GB in black and is in good condition

It is unlocked to any network

Comes with Charger, Usb Cable and is Boxed

Thxs

Ive just received a email saying he would like a refund because he cannot get the sim working and that it is rooted

So i emailed him back saying i had bought another phone which i have and wouldn't be able to offer a refund

Then i recieved a email back saying

But you've advertised the phone falsely, you never mentioned in your ad that it it wasn't running on its original android software. If you're refusing to give me a refund I'll have no other choice but to get in contact with gumtree or failing that CAB/Small claims court. Had you been honest in the original advertisement we wouldnt be having this problem

Did i have to state in the ad that it was rooted?

Any advice would be great

Thxs

If i was going to sell my phone on Ebay i'd put it on stock rom, but if i was going to keep current custom rom i would specify that it is rooted, but being rooted shouldn't effect different carriers if it's already network unlocked

DeeZZ_NuuZZ · Mar 20, 2014

i would ask him why it's so bad that it is rooted...or what the problem of a rooted system is...if he only want a refund because of the rooted rom you can help him to get back to completely stock...i still don't get why many ppl are so strange and mad if it comes to rooting -.-

Mr Hofs · Mar 20, 2014

Well the way i see it he has a point, i don't think it's all about running the stock rom or not but about what's written in the add. And my opinion is that you should have stated in the add that it was custom rommed/rooted so he could act on it. Not saying it's a false deal.....rather incomplete and at that point he is actually right. It's all a bit black & white, but to answer your question : if he plays this up he has a point and probably win. It's about expectations, he thinks he is buying a stock hox but in the end it is not and that's not written anywhere. I would offer him to help him to get it back to stock and see if he takes up on that offer ?

Cheers.

Thant · Mar 20, 2014

Mr Hofs said:
Well the way i see it he has a point, i don't think it's all about running the stock rom or not but about what's written in the add. And my opinion is that you should have stated in the add that it was custom rommed/rooted so he could act on it. Not saying it's a false deal.....rather incomplete and at that point he is actually right. It's all a bit black & white, but to answer your question : if he plays this up he has a point and probably win. It's about expectations, he thinks he is buying a stock hox but in the end it is not and that's not written anywhere. I would offer him to help him to get it back to stock and see if he takes up on that offer ?

Cheers.

+1

bornnslippy · Mar 20, 2014

Ok thxs for your replies I will offer to put it back to factory for him and see what he says

Sent from my HTC One X using Tapatalk

t-bon3 · Mar 22, 2014

bornnslippy said:
Ok thxs for your replies I will offer to put it back to factory for him and see what he says

If you are a private seller and have sold the device to someone who came and looked at it before paying then he has very little recourse.

I recommend that you have a standard receipt which says "sold as seen" and get the buyer to sign it.

Mr Hofs · Mar 22, 2014

t-bon3 said:
If you are a private seller and have sold the device to someone who came and looked at it before paying then he has very little recourse.

I recommend that you have a standard receipt which says "sold as seen" and get the buyer to sign it.

What i make of the OP the buyer didn't see it and only saw the add, in that case the buyer is stronger.

bornnslippy · Mar 22, 2014

The buyer collected the phone tested it out etc and was happy with it

He was also OK with the fact that his sim card didn't seem to get a signal

Sent from my HTC One X using Tapatalk

and313 · Mar 24, 2014

bornnslippy said:
The buyer collected the phone tested it out etc and was happy with it

He was also OK with the fact that his sim card didn't seem to get a signal

Sent from my HTC One X using Tapatalk

Lets say i buy a car from you. I see that the left headlight is damaged. We agree ok i saw everything else good? Good. I drive away and the rear axel falls of. So it is my fault that i didnt saw what you didnt tell me? Even if he said it is ok that is rooted your ad did not say it. Imagine who will win... Or did you say that it does not have a warranty anymore? You didnt also... I would be pissed at you really

I noted your username to be sure to never buy anything from you...

Sent from my One X using Tapatalk

maxilick · Mar 25, 2014

and313 said:
I noted your username to be sure to never buy anything from you...

:laugh: I'm certain he'll be deeply disturbed and upset over your remark.
Build a bridge and get over it, the phone was returned to stock rom,it's a used phone and most used phones don't have or come with any implied warranty.

and313 · Mar 25, 2014

maxilick said:
:laugh: I'm certain he'll be deeply disturbed and upset over your remark.
Build a bridge and get over it, the phone was returned to stock rom,it's a used phone and most used phones don't have or come with any implied warranty.

Every phone has a 2 year warranty. If you do something to void the warranty you need to tell the buyer. Im sure the buyer wanted to send it back for repairs

Sent from my One X using Tapatalk

Mr Hofs · Mar 25, 2014

Relax peeps, he is here for help and obvious learned about this situation. No need to bash his mistake.

Andy · Mar 25, 2014

Just my 2 cents, backed up with a little consumer law.

If this was an online only transaction where the item description is the only was of determining an items state, then yes you have every right to complain and request a refund. And in all likelihood if you were take to a small claims court they would probably reach that conclusion.

But, as the buyer collected from you, the onus on inspecting the item pre-sale is his. If you deliberately withheld information, he could argue that. But, if you sold the item and demonstrated it in good faith the buyer would have no recourse. "Sold as Seen" would apply here, as the buyer physically saw it and could inspect it pre-sale.

Unlocking via HTC-Dev does not void the warranty. Nor does rooting. The warranty applies to the hardware only. (See section 4)

And @and313 yes, here in the UK if you buy a car from a private individual, not a garage or main dealer, and something falls off / breaks after you've bought it, its your responsibility.

"Private sales
When you buy a used vehicle from a private individual, you don't have the same rights as you do when buying from a trader. The legal principle of caveat emptor, or 'buyer beware' operates. You have no right to expect that the vehicle is of satisfactory quality or fit for its purpose, but there is a requirement that it should be 'as described'. For example, if an advertisement says 'low mileage, one previous owner', it must be correct. You should check the vehicle thoroughly before you buy it."
- Trading Standards

@bornnslippy - IMO you have nothing to worry about, like you're doing, I would assist the buyer like any decent person would. But the threat of being taken to a small claims court is just that, a threat.

and313 · Mar 25, 2014

Look, very nice and all but a honest seller tells you what there needs to be said about the selled item so if you want to hide behind paper well do it. But i am adding you @Andyto the list also

Sorry for misunderstanding the thread. I thought we were discussing what is right or wrong here

Sent from my One X using Tapatalk

Andy · Mar 25, 2014

and313 said:
Look, very nice and all but a honest seller tells you what there needs to be said about the selled item so if you want to hide behind paper well do it. But i am adding you @Andyto the list also

Sorry for misunderstanding the thread. I thought we were discussing what is right or wrong here

Sent from my One X using Tapatalk

I'm sure @bornnslippy would have if asked. As with 99% of any private sales it is up to the buyer to inspect/question and agree to the sale.

No need to apologize, right & wrong are very different from legal & illegal. And is it appears nothing, illegal (UK) has happened. It's a civil matter anyway, hence the small claims court. I tend to keep all my old devices. Still have my HTC Kaiser, Hero & Desire HD

and313 · Mar 25, 2014

Andy said:
I'm sure @bornnslippy would have if asked. As with 99% of any private sales it is up to the buyer to inspect/question and agree to the sale.

No need to apologize, right & wrong are very different from legal & illegal. And is it appears nothing, illegal (UK) has happened. It's a civil matter anyway, hence the small claims court. I tend to keep all my old devices. Still have my HTC Kaiser, Hero & Desire HD

Agree to that. Its just sad that people are taking advantage from such a system and then still use the system against the ones who just didnt know and expected something else. Sad sad world

Sent from my One X using Tapatalk

bornnslippy · Mar 25, 2014

Hi Guy thanks for the replies

The guy who bought it never once asked if it was rooted or anything like that

If he had asked i would have told him no need to lie

If i sell a phone in the future i will put back to stock or ask if they wanted rooted

chalmizzle · Mar 26, 2014

bornnslippy said:
Hi Guy thanks for the replies

The guy who bought it never once asked if it was rooted or anything like that

If he had asked i would have told him no need to lie

If i sell a phone in the future i will put back to stock or ask if they wanted rooted

He wouldnt have a leg to stand on... If you say it was through Gumtree its a placeholder for ads not a governing body. They wouldn't do anything and a small claims court wouldn't touch it either. Its a private item being sold second hand. Even without a receipt you could claim ignorance and say you've never seen the phone before. Who's to say your lying??? Without evidence it wont stand up in court and so i wouldnt worry. Move on and forget it. Or email back saying good luck, I look forward to hearing from you, my solicitor will be in touch! always a stern bullyboy tactic that can work both ways

Small Claims Court Over Rooted Phone SOLD

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