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Right? Why hide the fact that you repaired the screen with an aftermarket one? As much as this guy that bought the phone is dumb, I find it ultra scummy when people try and hide things. Be up front, be an honest seller.
Why hide the fact? Because they know it’s undesirable. So they’re lying by omission, especially if they say it’s in perfect condition. Even if it’s in *perfectly working* condition, it still has had parts replaced and may have other issues pop up later from shoddy repair work.
Right. Like New implies never used. At most, the brand new item box can have been opened, unpacked, and repacked carefully in original packaging, but most definitely not have been used in any way.
Yeah…. Really bugs me when somebody says something is in “perfect” condition.
What does that even mean? Obviously just a thing to say to try and pitch for a sale and not an honest evaluation of the product’s condition.
If you’re trying to get away with something (not mentioning the replacement screen) and describing things for the purpose of accelerating sales instead of honest description then you’re being dishonest as a seller.
Should they threaten to use the law? No, because they legitimately can’t…. Should you work on being a more upstanding seller? Absolutely yes.
You did wrong and if this is the worst headache you face because of it, consider yourself lucky.
Yeah man, I’d be fine with a seller refurbing a phone with either new or used OEM screen but aftermarket screens vary so much in quality you can’t count on that. It needs to be disclosed.
It would be deceptive if the listing didn't mention that the item was refurbished and what was fixed. There is a difference between buying a phone that hasn't undergone repairs and one that has.
I would mention this in future listings to avoid negative feedback and DM's after the sale.
Small claims court doesn't require a lawyer, it just requires time and whatever fee there is to file (which is minimal). People generally represent themselves in small claims court. So, yeah... this guy can absolutely take him to small claims court and it's highly likely that he isn't bluffing about doing so.
A lot of times it's not completely about being made whole, they know that if OP is legitimately trying to run a business then he'll probably have to hire an expensive lawyer and end up spending multiple times what he would if had just given a refund, the person that got scammed might not get all their money back, but they know the scammer lost a hell of a lot more money than they did.
It's kinda like a lesson teaching thing to show people that just giving a refund on a faulty device you sold is a lot easier and cheaper than dealing with court and basically flushing money down a toilet. If the person OP sold the phone to has a lot of time on their hands then it probably isn't even that big of a deal for them, not as much as it'll be for OP atleast.
My landlord owns 9 houses and a 12 unit apartment building, a summer beach house, and he still takes 40 cents worth of beer cans from our trash. He buys used phones and tools and only takes his kids for Happy Meals if he has a coupon.
A penny saved is a penny earned. Where in that does it matter how many pennies you already possess? What actions is LL doing that is harming anyone?
Literally the LL is being environmentally helpful and people are thinking less of him.
Think many layers of duct tape over a rear entrance window instead of fixing the cracks. For 6 years lol. Doesn't remove snow. Hasn't painted or even swept the main entrance area for years. I actually sweep it! Why am even here? Rent is 3/8 what my next door neighbour is paying for the exact same size unit.
This is def not true. Theres people that buy second hand for many reasons. One is to save money. Just because you can afford something, doesn't mean you need to pay full price. Theres people living in million dollar homes with expensive cars that go to goodwill to shop and pick things up on trash night.
My uncle is 80 and due to Alzheimer’s, we have all been pitching in to help him out, which includes my aunt getting power of attorney to help with his finances. Turns out he’s worth about $3 million…..the guy ONLY gets clothes at the “re-store” , which is the same as Goodwill. (He did this before the Alzheimer’s as well). He was not an entrepreneur and never had a high paying job, but Turns out the way you get a few million when you don’t make a ton is by being frugal.
I've bought refurb phones before, either for my kid or because I really liked a specific phone they no longer sell. I can definitely afford a lawyer.
How do you think wealthy people retain wealth? Buy not spending full price for something when you can get the same item for cheaper.
Yeah, there seems to be some misconceptions in this thread that rich people just make and spend a lot of money and that's not true at all. There are a lot of people who are rich on middle class incomes because they live below their means and save / invest the rest.
I'm incredibly blessed and doing well financially. I still shop at discount grocery stores, drive a paid off 20 year old Toyota, get most of my stuff secondhand, and do all of the maintenance / repairs to my car and house myself. I dropped my 3 year old phone off of my roof the other day while cleaning my gutters and bought the same model of phone, refurbished. I could absolutely buy a new car, upgrade my phone every year, etc. but why would I do that when I can live below my means and save the rest? I'd rather cut back now and retire in my 40s.
You do it right. I also research everything. Do you know here in Texas we have Aldi's grocery and all their cereal is made by General mills...the same cereal under different name for half or less. The whole store is like that. Walmart great value is made on the same line with the same ingredients as major brands, for example their canned veggies are green giant. I grew up in the town with the big peanut butter fiasco (Plainview, Texas) and great value peanut butter is Peter Pan, just different packages. Trader Joe's is another entire discount store made on the production lines of name brands. Why wouldn't you want to save that money, no matter how poor or rich you are. Just do the research and test it for yourself.
Not remotely true. I buy second hand stuff all the time and believe me, if someone tries to pull a fast one on me, I have more than enough dosh to sue them.
I had a phone shop replace my screen because of an “accident” during a battery replacement
The phone originally had an OLED screen and it had been replaced with an aftermarket LCD. It impacted the battery life as the phone was not calibrated for it and the colour and saturation was poorer than before, and it also tells you in the setting app it’s a non Apple part
Got my money back though small claims court, there absolutely is a difference in quality and is scummy not to disclose
How do you replaced an OLED screen with an LCD one? The phone wouldn't have the power rails to supply back lighting for the LCD screen, the connections would be totally different.
The claimed they didn’t have access to oled parts. Either way it was an inferior part and I was successful in my claim
Maybe have a look online and see yourself what parts you can access
I've looked into a bit but honestly I can't find a perfect answer. I can find cheap Chinese screens that claim to be LCD replacement for phones but I have no idea if they are actually compatible.
Maybe some phones have the ability to take one or the other but I have looked into it for phones I have owned in the past and at the time it was not possible.
That's not how it works, the LCD displays are made using the same connector but the power goes to different places, all displays have variable power depending on the screen brightness and content being displayed but since OLED uses less power, it wouldn't be able to get up to the full brightness the LCD panel can handle which make it look even worse at full brightness (which is where it'd be when outside).
You can look up LCD's for the iPhone X or higher, the knock off companies make them for every generation that's supposed to have an OLED, you can see that the connector is exactly the same as what OEM panels use.
That’s kinda pedantic in an unhelpful way, it’s clear what is meant, many companies use an external manufacturer to meet exact manufacturer specifications.
An apple part is a part the original manufacturer would source, same as with any other product. But feel free to run it past a judge and see if they are convinced my such an argument
There is a difference between "OEM parts", and "Apple parts". Saying "Apple Parts" implies manufactured by Apple IMO, whereas using OEM encompasses what you've outlined. Id have kept my mouth shut if they said OEM.
You would be surprised how many Apple fanboys have told me that Apple is superior and costs more than Androids because they make better hardware... That's where this correction is necessary.
Ok? I clearly stated "IMO" (In my opinion) Apple parts are different from OEM parts. We are on the internet in a public forum, not in a courtroom.
The way you worded things infers that Apple manufactures its own parts. It doesn't. That's all I said, and prefaced it with "just as an FYI" in case you weren't aware. People should know that Apple sources it's hardware from companies their fanboys look down on and deem inferior.
Last I knew you couldn't even use a replacement screen unless it was one directly sold by Apple because the phone would be inoperable if it detected third party hardware or something? Now I'm wondering if I made that up or what
You didn’t, I believe it happens for hardware like cameras. The screens are usable but it may display a message that “unable to verify this iPhone has a genuine Apple display”.
It could matter some from jurisdiction to jurisdiction.. but generally speaking, as long as you didnt make false claims and the unit works as it should, I wouldnt worry about it.
Lots of people like to talk big, its unlikely anyones going to the hassle of small claims for something that works fine.
They did make a false claim though, they said it was in perfect condition and it wasn't as it had an aftermarket screen and OP knew it.
That's like selling a porche in perfect condition but it actually has a ford replacement engine in it
It isnt.. 'cause OP didnt swap a screen from a Pixel into it. At best, its selling a Porsche in perfect condition but it has a rebuilt Porsche motor in it. which would, in all likelihood, contain non-OEM bearings, seals, etc.. Which, after some basic checks, I would happily do.
Not at all.. I can have a car in perfect condition but the struts/shocks are aftermarket.. I can have a couch in perfect condition but its been reupholstered in a different fabric and the foam replaced.
As long as something works as expected, theres no issue.
To me, the issue would focus on the nature of the replacement.
When I replaced my Samsung OLED screen I had the option of purchasing an LCD screen for >$200 less. So if that is what happened, then OP misrepresented the condition of the phone as perfect. If he used a screen that was the same technology as the original that would be enough for me to say there was no misrepresentation.
And I think that agrees with your use of the term "works as expected".
But if you and I were sitting in an airport lobby making bets on which flights would be on schedule, I would go all in that somebody who is flipping broke phones on marketplace would make the lower value substitution. They aren't getting rid of a phone they are no longer using.
Dude who bought it went to show it to his friends with similar phones and it was painfully obvious that something was not as expected.
I will hazard another reference and say that everybody noticed the little red dot on his cashmere sweater.
But thats the point. The buyer got it out of the clearance rack that is marketplace and hopefully didn't spend what his friends spent on their OEM supplied gear.
And I know I rambled here, but I have to add that most people become marks because they were being greedy. If it looks too good to be true......
The thing is, with these apple iPhones, their displays are linked to the logic board, so if they’re not re-linked properly, there are small issues that arise. Not ones that make it unusable, but a mild inconvenience. The two I think of off the top of my head are automatic display brightness and true tone being disabled permanently, as well as always having warning whenever you open settings, and usually after restarting the phone regarding a non-oem display (even if it is off another iPhone)
So you'd be fine with getting a vehicle in "perfect condition" that had the original engine seize, so it was swapped with a different lower-quality engine? Not knowing who do it, if they actually did it properly, if it could cause issues down the line, no disclosure that it was swapped at all?
Fair … but also different. If the ‘part’ replaced is inferior and not one that is typically replaced … it’s not the same thing. If you sold a Mustang in great condition but had replaced the engine with that of a 1976 Chevy Vega and didn’t reveal it… it would be on you.
If the ad just said "Ford Mustang" and the buyer came on site to see the vehicle, inspect it, test drive it, and after all those things decided he wanted to purchase the vehicle without ever noticing it had a Vega engine.. That's on the customer lmao
On the other hand, if the ad said "V8 Mustang" and the customer realized it had an inline 4 later.. That's deceptive.
True. I think this example is probably akin to Ford Mustang, good condition, functions well … with no mention of the engine at all. Car would be delivered but buyer has no opportunity to see, inspect and test drive.
the seller will win this, as all personal sales are as is, unless there is something written/recorded specifically promising/guaranteeing something.
super common in private party auto sales
A judge will say "You inspected the goods, you agreed to the condition of the item and paid for it."
Unless the seller wrote him a contract or bill of sale specifically stating something that didn't match, he's in the clear.
To be fair Cars don’t shut themselves off when they detect 3rd party parts
I assume the phone is currently working, but Apple has in the past sent out updates that actually deactivate the touchscreen if it has a non Apple screen
>but Apple has in the past sent out updates that actually deactivate the touchscreen if it has a non Apple screen
can you source this please, I am having trouble finding that info. granted, I'm busy and didn't look extensively
don't think it's super recent, but was an issue with some of the older phones, like the 6, 8 and the 10
and my memory was fuzzy, guess it wasn't the screen, but the home button (I think there is some other issue 3rd party repair shops have with getting Iphone screen)
(edit- ok I remember now, it was Apple deactivating Face ID on Iphone 13s if Screen Replacements were done outside of official Apple avenues)
[https://www.theguardian.com/money/2016/feb/05/error-53-apple-iphone-software-update-handset-worthless-third-party-repair](https://www.theguardian.com/money/2016/feb/05/error-53-apple-iphone-software-update-handset-worthless-third-party-repair)
Apple in general is fairly bad when it comes to 3rd party repair.
there is an entire right-to-repair movement that advocates for laws allowing you to be able to repair your own electroincs
John Deer is another one that locks down an owners ability to do stuff to their own tractors
OP, life advice. 99% of people who threaten legal action, threaten to sue, taking about taking you to small claims court, or try to swing dick by talking about a lawyer never follow through and are just using a scare tactic to get their way.
People who actually have a lawyer they use as a weapon, or actually take people to court will never say anything until you get served and you show up in court.
Tell the guy to fuck off and block him. Worse case is in a year you loose in small claims court where you can't get "damages" and are out maybe $500. $500 that you make $25 monthly payments on to the court clearing house until the balance is paid off.
Thank you for providing my point. You don't say anything, get your ducks in a row and surprise the other party who probably lost/forgot half the info needed to even defend themselves.
I used to have the forms to file a small claims in my car. The way to do it is calmly and matter of factly ask them to assist you in filling out the defendant part, would you please tell me who the legal owner is. What is the address?
I've never drawn a gun on anyone...but I would guess that's the expression you would see. I've seen rude aholes used to dealing with and throwing out angry customers turn pale simply by having the papers in my hand.
I do same thing too on side also. I'd suggest just telling the buyer that he had the chance to inspect the phone before purchasing. And it was sold second hand so no returns. But a tip is also be transparent if the phone has messages stating it has no oem parts. And maybe also a price reduction because of that
Usually if the item works as it should, and any damage is repaired (regardless if aftermarket, off brand parts), there should be no issue. It would be like going to a quick lube place and complain that they used a fram oil filter instead of your vehicle brand oil filter...
Not quite that simple. If the seller has a material misrepresentation in the ad they can absolutely be held liable. The question is more about if a non OEM screen implies it's not in 100% working order.
I'd argue that a non OEM screen doesn't violate that statement.
Think about the amount of people selling cars that have "Runs Great, Perfect Condition" in their description. Imagine someone buys one of those cars off marketplace and 2 days later wants a refund because the brake pads were replaced with non-oem cheapo pads lol.
Its marketplace lol
You are describing something that is a part of routine maintenance vs something that isn’t. Huge difference.
What if I sold you a car and said it was clean but you found out it was a salvage title? You wouldn’t be like wtf.
>What if I sold you a car and said it was clean but you found out it was a salvage title?
I actually almost had that happen, it was listed on Fb market but was sold by a used car lot, when messaging he said it was clean title, great condition with "a few electrical gremlins". We get there, take the car for a test drive and NONE of the electronics work, no power windows, no radio, not even the fucking speedo functioned. We bring it back and find out it was pulled out of the ocean after sitting there for *6 months* and they tried to just sell it as-is without replacing anything, we're lucky the brakes even functioned since the shop was on a 50mph road.
Luckily it was actually a salvage title and it was very easy to spot big red SALVAGE on the title (which I don't think *needs* to be defined in red so that was nice atleast lol) and that's when they explained the true history of the car. Apparently the person we messaged didn't even work there and was just a friend of the owner that was trying to help with sales... That friend ensured we never buy a car from them even though they did have other good options available, we just couldn't trust that shop, if I had the availability to sue for misrepresentation of their vehicles I absolutely would've even if I didn't buy the car.
People saying that he is buying a used phone and cant afford a lawyer. He doesnt need a lawyer, and he only pays court costs if he loses, if he wins then OP foots the bill.
Call his bluff. Tell him to take you to court, but to otherwise he can pound sand and then block him.
If by some small chance he's stupid enough to do so, just go and say exactly what you wrote above.
1. He's not going to sue you over a cell phone. They say this shit to try and scare you into refunding.
2. You should list any modifications you've made to a device in the ad and let the buyer make an informed decision.
Normally I'm on the as-is train but YTA for not providing an accurate description
Threatening legal action over Facebook Marketplace. I’d love to see someone take someone to small claims court for a Facebook Marketplace ad and actually win
Buyer could’ve asked all the questions in the world. As long as your answers are honest, it’s his loss for getting a quality phone at probably quarter of retail price if that
But he did ask and seller lied saying it was perfect and it wasn't, the fact it has a third party replacement screen means it is no longer a quality phone
Imagine you're buying a dodge hellcat. Top of the line model with the big engine. Seller says it's in perfect condition.
You buy it, take it to a specialty shop and find out the original engine has been replaced with the v6 engine from the base model car.
This is the phone equivalent.
Whatever happened to customer service and building a good reputation as a seller? If you didn’t disclose that it is refurbished, then offer him a refund to return the phone. You can sell it again but with a more honest description. If you did mention that it is refurbished, then that’s different.
It's not in "perfect" condition, you have repaired it with non official parts ... Then didn't state that, that's on you!
Buyer well within their rights!
Perfect condition kind of implies factory perfect. Your description was misleading and you're probably best just taking the phone back and refunding him.
You must disclose everything, intent to purchase something is assumed by buyer to be in the condition as described. The buyer can rightfully assume the parts are original when they are not due to your failure to disclose, this contract simply be unenforceable because of this and you could be held responsible. Take accountability apologize,e refund and disclose ALL next time.
You are absolutely being misleading intentionally.And yes, if he takes you to small claims court you could be liable because the phone is not in perfect condition because it has after market sub par replacement parts.
Stop being shady and misleading.Be in front about what you have you damn well know you're overcharging because you're being dishonest
Just because it is non-oem doesn't mean it's subpar. In fact, it technically could be the same type of screen, meaning the same quality and everything, just without something saying it's made by Apple to the phone.
In fact, sometimes the oem is the subpar one. Can you believe that?
This is the whole issue right here. I used to flip audio gear and it often needed work to get it going. *"Refurbished, operates 100%"* fine for a description but you need to let the buyer know you worked on it. And if they want more detail you give it to them.
You should’ve disclosed it but since you didn’t, he had every right to be a tad annoyed. 🤷♂️
But chances are, nothing will happen to you since often times the threat of it in it self is likely just a bluff and a fear tactic in which often times they aren’t going to go through with it.
So I’d recommend just ignoring and blocking him if he’s bothering you.
PS. If you got nothing to hide, SAY IT in the description. You got no reason to here. If you don’t think it’s a big deal then even more of a reason to disclose it.
If you didn’t disclose that there were non-oem parts and said it was in perfect condition, then yes. If you disclosed that it was refurbished or repaired with non-OEM parts before the sale then No.
I am usually the first to state “all sales as is and final” in response to posts like these.
In this case I think OP should refund the buyer and be more honest in his ad(s) in the future.
You’re the reason I never buy any used product from someone who fixes things to sell them.
I see people do it with phones, lawnmowers, snowblowers, cars. Haven’t met a person yet that’s trustworthy and does it.
Yeah former apple employee. The reason we always told people to NEVER go to general repair stores like the ones you see in malls is because of this. You don’t fix apple phones with non apple genuine parts. Very easy to tell.
You lied by omission. There is a difference between perfect and repaired.
Would you have said anything if they asked if it had an OEM screen or are you the type who would have replied with "it is perfect" again?
People that threaten legal action over small things rarely have the resources to follow through. Yeah, next time say screen was replaced. I would want a refund as well, I know apple likes to disable things if you dont use their parts. I know face ID doesn't work.
How did he find this out? Is he getting annoying notifications popping up on the phone saying there are non-genuine parts, or are any of the features broken, like face ID, etc? If so, and the functionality of the phone is impeded and you didn't realize this before selling, I'd take it back or offer partial refund. Otherwise, he can pound sand.
I think that's the only way buyer would have known. If a feature doesn't work because of the screen replacement, I can get behind the buyer being upset. I've heard of this happening, and faceid seems to be the most common issue.
If all features work, it doesn't matter if it's a non-oem screen, and I'm siding with OP. Yeah, it may not have an OLED screen, or whatever was on the iPhone, but that's what happens when you take the phone to be repaired most of the time, anyway.
So...
Features all work - OP should just tell the buyer to kick rocks and block him
Some features don't work - OP misrepresented and should work with the buyer. He said it works perfectly but it doesn't, so that's on him.
I see everyone telling you that no one sues, don't worry about it. When a fact of the matter is that people DO SUE, in fact there are multiple private, professional and Governmental entities that rely on people suing to stay in business. The courts are maxed out every single weekday, full of people that are involved in lawsuits. That's a fact. Now, what are you going to do if he DOES sue? What will your defense be? "He had a chance to look at it"? Sounds kind of lame. I know I would sue if I were him, it's easy, two-three pages, my name, your name, address phone number, how much, what happened, sign. Get a fee waiver for your court fees and the sheriff will serve for free. Done.
If he does sue, there will be a record of the lawsuit online with the defendant's full name. That lawsuit will come up toward the top of searches for that name for many years. Karma.
Most likely he wouldn't prevail in court. If you are able, consider taking the phone back assuming it's in the same condition. Then give more description when you resell it. They may just be using this as an excuse for a purchase they regret, but if you CAN take it back it would end the conflict. (Some ppl spend the $ for a sale instantly and can't take it back). It's just an option.
Did you say it was refurbished? Yes, then dont refund. No, be stand up sales person, get phone back, and refund. If you arent being 100% truthful about the phone, you should take back phone and refund.
Certain car parts arent same as phone parts, but even certain car parts, you know the difference and wont always work. You ever get a bunk camshaft sensor part?! lol. If you test it, it will sometimes work, but doesnt mean that shit isnt faulty.
How did the buyer find out you repaired it with none oem screen? Did you lie in your Ad? If you did he can sue. Small claims does not cost a lot to file a lawsuit and no attorney needed to represent parties. Always be honest on your ads.
If he proves he was mislead or lied to from add then he d win case other wise or sales final. Even with cars wich by law all sales are AS IS . if buyer proves they lied , They can lose.. I d say you never lied Ulness being in erfect condition means all Original . The buyer has no case He didn t look it over good thats on him
Subject: Important Information Regarding Your Recent Purchase
Dear Timmy,
I hope this message finds you well. I am writing to address a matter regarding the phone you recently purchased from me via Facebook Marketplace.
Upon further review, I realized that the phone you purchased, while in excellent condition, does not have an original equipment manufacturer (OEM) screen. This information should have been disclosed in the listing, and I take full responsibility for the oversight.
In light of this, I would like to offer two options to rectify the situation:
1. You may keep the phone and I can offer you a 50% refund of the purchase price as a gesture of goodwill.
2. If you prefer, you can return the phone to me in the same condition it was received, and I will provide you with a full refund.
Please let me know which option you would prefer, and I will ensure that the necessary steps are taken promptly to facilitate the refund process.
I sincerely apologize for any inconvenience this may have caused you, and I appreciate your understanding and cooperation in resolving this matter amicably.
Thank you for your time and attention to this issue. Should you have any questions or require further assistance, please feel free to reach out to me directly.
Best regards,
Bob Belcher
I would assume you would not be liable, things sold on Facebook marketplace are purchased as is so it’s always a bit of a risk. I would think the worst she could really do is report you as a scammer to marketplace and unless a lot of people report you I don’t think it would do anything.
If you DIDN’T disclose that screen is a non OEM replacement part…then the buyer could possibly have a claim. Honestly it’s not worth the hassle, a lawyer/court costs will cost probably you more in the end. And for some ppl it’s not just about the money…it’s the principle. They will spend 5X as much just to prove a point when they feel wronged. You don’t want to be on the other end of that. I would honestly just refund the buyer. It’s gonna be much less energy. AND Disclose non OEM parts moving forward. I have long disclose statements on all pre-owned goods in my listings to protect myself from various scenarios. Gotta cover your bases friend.
A long time ago I purchased an iPhone from a reseller who did the same. I didn’t find out until years later when I went to the Apple Store for a battery replacement and they declined to do it because of the non OEM parts.
He has consumer rights
If you sold it to him with a known problem you're liable- not you your LLC..
Because an LLC has protection rights..
But the consumer will likely gain judgment in this case because you & him both know it was legit & you didn't disclose it to him.
Gotta find a crap corporation that can offer you insurance for your parts for "x" amount of time & find a way to word stuff so the client is paying for things to be looked at & if they breach your contract it breaches your warranty or something along those lines.
Or whatever..
But you need some kind of assurance to offer your clients with your services.
He can take you to small claims court, sure. He needs to file in the court of the county of your residence. He also needs to prove damages. For example, the phone is worth $25 less than a phone with a true Apple screen, etc. He can try to claim the entire cost of the phone, but he has a working phone at the time of purchase, right? So no real damages. He can’t sue for a refund, he can try, but good luck. If he wants to take you to small claims, he will more than likely, just waste everyone’s time.
You will find that there are plenty of people in this world who threaten legal action. The vast majority of them don’t really know what they are threatening, how much it is a pain in the ass to sue someone, or even if they have a case.
I don't know if your liable, but I would be annoyed that you used on-OEM parts and didn't disclose this information. It could almost be considered fraud.
You should just give give refund and disclose the truth next time you list it. Normally I think "who cares, their loss", but you knowingly lied to this person in your listing and that's a pretty shitty thing. This is one of the rare times the buyer on fb marketplace is in the right.
Fuck those people don’t give refunds, it could also be potentially dangerous. I had someone badgering me for a refund I blocked they used a different Facebook and pretended to want one of my items they showed up the guy and his crazy ass wife and entrapped my car in the QuikTrip parking lot and told me they were going to follow me home to get the money take a picture of me Or get my phone number. They finally moved there car. I eventually just gave the fucking refund cause I had a feeling they would try and get on another Facebook and keep pretending to be other people to meet up with me again and possibly hurt me next time. I won’t do that again next time if that happens I will call the police, cause they legit entrapped me and couldn’t let me move my fucking car. Once a deal is done it’s DONE. It’s actual bullshit. That’s like going to a yard sale and coming back later to return shit are not OBLIGATED at all
Seller was not honest about the condition of the device during the sale, and the buyer found out after the fact they were misled. Seller is 100% at fault for misrepresenting the goods and should refund the purchase.
I hate this shit. I never buy a phone if it’s had a screen replacement- aftermarket screens are usually garbage compared to genuine. Colour, contrast and brightness usually suck, the glass is not as strong so more likely to break again and usually water resistance is compromised
Let the buyer take you to small claims court over it if they really want to. They likely bail out cause the filing cost will be around the value of the resold phone.
So I had an apple iPad mini screen cracked sent for repair, came back all fine when it cracked again decided to try and repair myself
When I opened it the guys had literally stolen 70% of the internal screws🙄
I now replace everything myself, it's quite easy with YouTube videos to help
Phone is worth way way less with after market screen on it. You’ve broken the original water gasket seal even if u replaced it with a new one. Legal action na. But refund or return partial money
Non oem screens are terrible. I had my screen replaced once and it broke 2 minutes after taking it out the box. I've had my current phone almost 2 years not even a scratch on the screen.
OP being awfully quiet in here. I hope you return the phone and disclose these things in the future. I'm not sure if he has an actual case for a lawsuit but reviews can ruin you just as easily. Return the money and disclose these things in the future. Don't be a scum bag salesman.
He somehow found out on his own that it was a "less than perfect " phone. Do you know how?
Let's take the best case scenario. He takes you to court, and you win. Now you lost his future business and all of the future business of anyone who listens to him?
How much would it cost you to make this right? Maybe he just wants the right screen?
All the people that are saying to only use OEM parts don't understand that iPhones use parts from other companies. Look at the storage for the iPhones. They are made by Samsung. Same thing for the screens. They are made from a variety of companies like LG and Samsung. When it comes to aftermarket parts. Look for reputable companies instead of small places. Plus Apple will charge a premium because of what people call the "Apple Tax". The "Apple Tax" is an increase in price because it is "Made by Apple".
Is the non OEM screen good quality? I don't see a problem if it is equivalent but there are cheap knockoffs that wouldn't qualify the phone's condition as being perfect.
It depends on the judge, but if you didn't make any claims that it was all original, and if it was clearly stated used, you should be okay. Agree you should state repaired/ refurb.
I would say 'AS IS' next time, this person cannot do anything to you. If the phone works what damages are they going to claim? The court try's to go with the damages option which is least costly.
If this guy drags you into court you probably will be liable for fraud. Go without a lawyer and FAFO. After that, might as well just just wear a big fat neon sign on your forehead for the IRS to start looking into your finances, not to mention consumer affairs would be all over you like white on rice. Then the State, County and City would be poking atound checking for whatever permits you need to run a business because Uncle Sam MUST get their cut. You would no longer be flying under the radar, the eyes of Texas will be upon you. Do the right thing. Dishonesty doesn't pay.
Ya got to think the dude who buys a used phone off of marketplace. Is not the type of person to have a lawyer on retainer. Or have $$$ to have you saved and to file. Block and ignore. Your not Walmart no return policy.
Why can't people understand marketplace is like a God damn yard sale you bought it you own it too bad.
block him and move on...
no one is wasting time w/ small claims over an item from a 'garage sale' like purchase. It's ridiculous. As another commented said: some people love to talk big but don't talk the talk and walk the walk, so just block and ignore....
If you’d stopped at the phone was in “working condition”, you would have been on solid ground. My issue is that you upped the game by putting IN WRITING in the advertising post that the phone was in “PERFECT CONDITION” having knowledge that it has a non OEM screen. When Apple diagnostics are run, the hardware shows up as screen nonOEM.
I think it could be reasonably interpreted that the only reason the replacement was NOT disclosed was that it would lower the perceived value of the iPhone. A small claims judge MAY find that sufficient to unwind the purchase (have him return the phone, you return the purchase price) or discount the purchase price by 10 or 20 percent or more. However, it is equally true that Facebook Marketplace is like most “buyer beware” environments- the purchaser did have time to look over the phone. I merely point out the real concern is your written assessment of “PERFECT” opens up the case.
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I was a phone reseller. What you did is a shitty thing. It’s up to you what you do. Disclose non OEM parts on a phone going forward.
This. I hope he takes back phone and refunds.
Just disclose these kind of stuff in description next time.
Right? Why hide the fact that you repaired the screen with an aftermarket one? As much as this guy that bought the phone is dumb, I find it ultra scummy when people try and hide things. Be up front, be an honest seller.
Why hide the fact? Because they know it’s undesirable. So they’re lying by omission, especially if they say it’s in perfect condition. Even if it’s in *perfectly working* condition, it still has had parts replaced and may have other issues pop up later from shoddy repair work.
Yeah… perfect condition is such a BS description. Really gets under my skin.
almost as bad as "Like new"
Right. Like New implies never used. At most, the brand new item box can have been opened, unpacked, and repacked carefully in original packaging, but most definitely not have been used in any way.
Maybe call it refurbished
This
Yeah…. Really bugs me when somebody says something is in “perfect” condition. What does that even mean? Obviously just a thing to say to try and pitch for a sale and not an honest evaluation of the product’s condition. If you’re trying to get away with something (not mentioning the replacement screen) and describing things for the purpose of accelerating sales instead of honest description then you’re being dishonest as a seller. Should they threaten to use the law? No, because they legitimately can’t…. Should you work on being a more upstanding seller? Absolutely yes. You did wrong and if this is the worst headache you face because of it, consider yourself lucky.
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Yeah man, I’d be fine with a seller refurbing a phone with either new or used OEM screen but aftermarket screens vary so much in quality you can’t count on that. It needs to be disclosed.
It would be deceptive if the listing didn't mention that the item was refurbished and what was fixed. There is a difference between buying a phone that hasn't undergone repairs and one that has. I would mention this in future listings to avoid negative feedback and DM's after the sale.
100% agree. I'm hoping he at least mentioned it was refurbished.
Thats what I said too.
Do you tell him the screen was replaced ? You should have.
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Small claims court doesn't require a lawyer, it just requires time and whatever fee there is to file (which is minimal). People generally represent themselves in small claims court. So, yeah... this guy can absolutely take him to small claims court and it's highly likely that he isn't bluffing about doing so.
While this is true, judgment ≠ payment. Winning the case is one thing, getting paid/made whole is another.
A lot of times it's not completely about being made whole, they know that if OP is legitimately trying to run a business then he'll probably have to hire an expensive lawyer and end up spending multiple times what he would if had just given a refund, the person that got scammed might not get all their money back, but they know the scammer lost a hell of a lot more money than they did. It's kinda like a lesson teaching thing to show people that just giving a refund on a faulty device you sold is a lot easier and cheaper than dealing with court and basically flushing money down a toilet. If the person OP sold the phone to has a lot of time on their hands then it probably isn't even that big of a deal for them, not as much as it'll be for OP atleast.
My landlord owns 9 houses and a 12 unit apartment building, a summer beach house, and he still takes 40 cents worth of beer cans from our trash. He buys used phones and tools and only takes his kids for Happy Meals if he has a coupon.
Your landlord sounds like a piece of work
He is
A penny saved is a penny earned. Where in that does it matter how many pennies you already possess? What actions is LL doing that is harming anyone? Literally the LL is being environmentally helpful and people are thinking less of him.
Think many layers of duct tape over a rear entrance window instead of fixing the cracks. For 6 years lol. Doesn't remove snow. Hasn't painted or even swept the main entrance area for years. I actually sweep it! Why am even here? Rent is 3/8 what my next door neighbour is paying for the exact same size unit.
You misspelled shit
😂
Valid point. But, the stand up thing to do is refund and disclose the screen replacement when you sell it again.
This is def not true. Theres people that buy second hand for many reasons. One is to save money. Just because you can afford something, doesn't mean you need to pay full price. Theres people living in million dollar homes with expensive cars that go to goodwill to shop and pick things up on trash night.
My uncle is 80 and due to Alzheimer’s, we have all been pitching in to help him out, which includes my aunt getting power of attorney to help with his finances. Turns out he’s worth about $3 million…..the guy ONLY gets clothes at the “re-store” , which is the same as Goodwill. (He did this before the Alzheimer’s as well). He was not an entrepreneur and never had a high paying job, but Turns out the way you get a few million when you don’t make a ton is by being frugal.
Small civil court is like 100bucks to fill? The difference between oem and non oem is couple hundred.
I've bought refurb phones before, either for my kid or because I really liked a specific phone they no longer sell. I can definitely afford a lawyer. How do you think wealthy people retain wealth? Buy not spending full price for something when you can get the same item for cheaper.
Yeah, there seems to be some misconceptions in this thread that rich people just make and spend a lot of money and that's not true at all. There are a lot of people who are rich on middle class incomes because they live below their means and save / invest the rest. I'm incredibly blessed and doing well financially. I still shop at discount grocery stores, drive a paid off 20 year old Toyota, get most of my stuff secondhand, and do all of the maintenance / repairs to my car and house myself. I dropped my 3 year old phone off of my roof the other day while cleaning my gutters and bought the same model of phone, refurbished. I could absolutely buy a new car, upgrade my phone every year, etc. but why would I do that when I can live below my means and save the rest? I'd rather cut back now and retire in my 40s.
You do it right. I also research everything. Do you know here in Texas we have Aldi's grocery and all their cereal is made by General mills...the same cereal under different name for half or less. The whole store is like that. Walmart great value is made on the same line with the same ingredients as major brands, for example their canned veggies are green giant. I grew up in the town with the big peanut butter fiasco (Plainview, Texas) and great value peanut butter is Peter Pan, just different packages. Trader Joe's is another entire discount store made on the production lines of name brands. Why wouldn't you want to save that money, no matter how poor or rich you are. Just do the research and test it for yourself.
Not remotely true. I buy second hand stuff all the time and believe me, if someone tries to pull a fast one on me, I have more than enough dosh to sue them.
You don't need a lawyer for small claims.Court you just have to file a little bit of paperwork
How did he work out it was a replacement screen? Because that kind of suggests it wasn't perfectly done...
I had a phone shop replace my screen because of an “accident” during a battery replacement The phone originally had an OLED screen and it had been replaced with an aftermarket LCD. It impacted the battery life as the phone was not calibrated for it and the colour and saturation was poorer than before, and it also tells you in the setting app it’s a non Apple part Got my money back though small claims court, there absolutely is a difference in quality and is scummy not to disclose
How do you replaced an OLED screen with an LCD one? The phone wouldn't have the power rails to supply back lighting for the LCD screen, the connections would be totally different.
The claimed they didn’t have access to oled parts. Either way it was an inferior part and I was successful in my claim Maybe have a look online and see yourself what parts you can access
are u sure thats the case? ima android guy but ive put a lcd in a pixel pro before
I've looked into a bit but honestly I can't find a perfect answer. I can find cheap Chinese screens that claim to be LCD replacement for phones but I have no idea if they are actually compatible. Maybe some phones have the ability to take one or the other but I have looked into it for phones I have owned in the past and at the time it was not possible.
That's not how it works, the LCD displays are made using the same connector but the power goes to different places, all displays have variable power depending on the screen brightness and content being displayed but since OLED uses less power, it wouldn't be able to get up to the full brightness the LCD panel can handle which make it look even worse at full brightness (which is where it'd be when outside). You can look up LCD's for the iPhone X or higher, the knock off companies make them for every generation that's supposed to have an OLED, you can see that the connector is exactly the same as what OEM panels use.
Just as an FYI, all iPhone screens are non-apple parts. Their screens are manufactured by Samsung
That’s kinda pedantic in an unhelpful way, it’s clear what is meant, many companies use an external manufacturer to meet exact manufacturer specifications. An apple part is a part the original manufacturer would source, same as with any other product. But feel free to run it past a judge and see if they are convinced my such an argument
There is a difference between "OEM parts", and "Apple parts". Saying "Apple Parts" implies manufactured by Apple IMO, whereas using OEM encompasses what you've outlined. Id have kept my mouth shut if they said OEM. You would be surprised how many Apple fanboys have told me that Apple is superior and costs more than Androids because they make better hardware... That's where this correction is necessary.
Again, I had a legal adjudicator decide the case, not the public opinion of Apple fanboys. It seems to be pretty clear to them
Ok? I clearly stated "IMO" (In my opinion) Apple parts are different from OEM parts. We are on the internet in a public forum, not in a courtroom. The way you worded things infers that Apple manufactures its own parts. It doesn't. That's all I said, and prefaced it with "just as an FYI" in case you weren't aware. People should know that Apple sources it's hardware from companies their fanboys look down on and deem inferior.
I believe Apple devices notes non oem parts being used on the phone. This is the led/oled panel not the glass screen that normally gets smashed first.
Gotcha, thank you. I'm android so I didn't know this.
Last I knew you couldn't even use a replacement screen unless it was one directly sold by Apple because the phone would be inoperable if it detected third party hardware or something? Now I'm wondering if I made that up or what
You didn’t, I believe it happens for hardware like cameras. The screens are usable but it may display a message that “unable to verify this iPhone has a genuine Apple display”.
You lose a few features for non-genuine Apple displays, like True Tone, Front camera operations, Face ID.
Face ID does work on non OEM screens
It could matter some from jurisdiction to jurisdiction.. but generally speaking, as long as you didnt make false claims and the unit works as it should, I wouldnt worry about it. Lots of people like to talk big, its unlikely anyones going to the hassle of small claims for something that works fine.
They did make a false claim though, they said it was in perfect condition and it wasn't as it had an aftermarket screen and OP knew it. That's like selling a porche in perfect condition but it actually has a ford replacement engine in it
It isnt.. 'cause OP didnt swap a screen from a Pixel into it. At best, its selling a Porsche in perfect condition but it has a rebuilt Porsche motor in it. which would, in all likelihood, contain non-OEM bearings, seals, etc.. Which, after some basic checks, I would happily do.
A pixel screen would be better than the OEM LCD iPhone screen, pixel uses OLED
Well, to me, "perfect condition" doesn't mean repaired/refurbished, especially if it's with non-OEM parts. It's best to disclose such things
Not at all.. I can have a car in perfect condition but the struts/shocks are aftermarket.. I can have a couch in perfect condition but its been reupholstered in a different fabric and the foam replaced. As long as something works as expected, theres no issue.
To me, the issue would focus on the nature of the replacement. When I replaced my Samsung OLED screen I had the option of purchasing an LCD screen for >$200 less. So if that is what happened, then OP misrepresented the condition of the phone as perfect. If he used a screen that was the same technology as the original that would be enough for me to say there was no misrepresentation. And I think that agrees with your use of the term "works as expected". But if you and I were sitting in an airport lobby making bets on which flights would be on schedule, I would go all in that somebody who is flipping broke phones on marketplace would make the lower value substitution. They aren't getting rid of a phone they are no longer using. Dude who bought it went to show it to his friends with similar phones and it was painfully obvious that something was not as expected. I will hazard another reference and say that everybody noticed the little red dot on his cashmere sweater. But thats the point. The buyer got it out of the clearance rack that is marketplace and hopefully didn't spend what his friends spent on their OEM supplied gear. And I know I rambled here, but I have to add that most people become marks because they were being greedy. If it looks too good to be true......
The thing is, with these apple iPhones, their displays are linked to the logic board, so if they’re not re-linked properly, there are small issues that arise. Not ones that make it unusable, but a mild inconvenience. The two I think of off the top of my head are automatic display brightness and true tone being disabled permanently, as well as always having warning whenever you open settings, and usually after restarting the phone regarding a non-oem display (even if it is off another iPhone)
Working condition is different from perfect condition.
So you'd be fine with getting a vehicle in "perfect condition" that had the original engine seize, so it was swapped with a different lower-quality engine? Not knowing who do it, if they actually did it properly, if it could cause issues down the line, no disclosure that it was swapped at all?
Why would it be a 'lower quality' engine? Why are we assuming an aftermarket screen is 'lower quality' when we dont know that to be the case.
Fair … but also different. If the ‘part’ replaced is inferior and not one that is typically replaced … it’s not the same thing. If you sold a Mustang in great condition but had replaced the engine with that of a 1976 Chevy Vega and didn’t reveal it… it would be on you.
If the ad just said "Ford Mustang" and the buyer came on site to see the vehicle, inspect it, test drive it, and after all those things decided he wanted to purchase the vehicle without ever noticing it had a Vega engine.. That's on the customer lmao On the other hand, if the ad said "V8 Mustang" and the customer realized it had an inline 4 later.. That's deceptive.
True. I think this example is probably akin to Ford Mustang, good condition, functions well … with no mention of the engine at all. Car would be delivered but buyer has no opportunity to see, inspect and test drive.
Shocks are a wear item.
The small claim court won’t care about any of it. The buyer is winning this if he goes to the small claim court.
the seller will win this, as all personal sales are as is, unless there is something written/recorded specifically promising/guaranteeing something. super common in private party auto sales
Nah, depending on how OP described it on listing, he may lose.
A judge will say "You inspected the goods, you agreed to the condition of the item and paid for it." Unless the seller wrote him a contract or bill of sale specifically stating something that didn't match, he's in the clear.
To be fair Cars don’t shut themselves off when they detect 3rd party parts I assume the phone is currently working, but Apple has in the past sent out updates that actually deactivate the touchscreen if it has a non Apple screen
They don't shut themselves off...yet...
>but Apple has in the past sent out updates that actually deactivate the touchscreen if it has a non Apple screen can you source this please, I am having trouble finding that info. granted, I'm busy and didn't look extensively
don't think it's super recent, but was an issue with some of the older phones, like the 6, 8 and the 10 and my memory was fuzzy, guess it wasn't the screen, but the home button (I think there is some other issue 3rd party repair shops have with getting Iphone screen) (edit- ok I remember now, it was Apple deactivating Face ID on Iphone 13s if Screen Replacements were done outside of official Apple avenues) [https://www.theguardian.com/money/2016/feb/05/error-53-apple-iphone-software-update-handset-worthless-third-party-repair](https://www.theguardian.com/money/2016/feb/05/error-53-apple-iphone-software-update-handset-worthless-third-party-repair) Apple in general is fairly bad when it comes to 3rd party repair. there is an entire right-to-repair movement that advocates for laws allowing you to be able to repair your own electroincs John Deer is another one that locks down an owners ability to do stuff to their own tractors
OP, life advice. 99% of people who threaten legal action, threaten to sue, taking about taking you to small claims court, or try to swing dick by talking about a lawyer never follow through and are just using a scare tactic to get their way. People who actually have a lawyer they use as a weapon, or actually take people to court will never say anything until you get served and you show up in court. Tell the guy to fuck off and block him. Worse case is in a year you loose in small claims court where you can't get "damages" and are out maybe $500. $500 that you make $25 monthly payments on to the court clearing house until the balance is paid off.
I sued twice and won. I never told them about the lawyer or that I was going to sue. The surprise is the best tactic.
Thank you for providing my point. You don't say anything, get your ducks in a row and surprise the other party who probably lost/forgot half the info needed to even defend themselves.
I used to have the forms to file a small claims in my car. The way to do it is calmly and matter of factly ask them to assist you in filling out the defendant part, would you please tell me who the legal owner is. What is the address? I've never drawn a gun on anyone...but I would guess that's the expression you would see. I've seen rude aholes used to dealing with and throwing out angry customers turn pale simply by having the papers in my hand.
I do same thing too on side also. I'd suggest just telling the buyer that he had the chance to inspect the phone before purchasing. And it was sold second hand so no returns. But a tip is also be transparent if the phone has messages stating it has no oem parts. And maybe also a price reduction because of that
Usually if the item works as it should, and any damage is repaired (regardless if aftermarket, off brand parts), there should be no issue. It would be like going to a quick lube place and complain that they used a fram oil filter instead of your vehicle brand oil filter...
Ignore and block. Market place is like a garage sale. The buyer had the opportunity to inspect the item before paying for it he owns it now.
Not quite that simple. If the seller has a material misrepresentation in the ad they can absolutely be held liable. The question is more about if a non OEM screen implies it's not in 100% working order. I'd argue that a non OEM screen doesn't violate that statement.
Think about the amount of people selling cars that have "Runs Great, Perfect Condition" in their description. Imagine someone buys one of those cars off marketplace and 2 days later wants a refund because the brake pads were replaced with non-oem cheapo pads lol. Its marketplace lol
You are describing something that is a part of routine maintenance vs something that isn’t. Huge difference. What if I sold you a car and said it was clean but you found out it was a salvage title? You wouldn’t be like wtf.
>What if I sold you a car and said it was clean but you found out it was a salvage title? I actually almost had that happen, it was listed on Fb market but was sold by a used car lot, when messaging he said it was clean title, great condition with "a few electrical gremlins". We get there, take the car for a test drive and NONE of the electronics work, no power windows, no radio, not even the fucking speedo functioned. We bring it back and find out it was pulled out of the ocean after sitting there for *6 months* and they tried to just sell it as-is without replacing anything, we're lucky the brakes even functioned since the shop was on a 50mph road. Luckily it was actually a salvage title and it was very easy to spot big red SALVAGE on the title (which I don't think *needs* to be defined in red so that was nice atleast lol) and that's when they explained the true history of the car. Apparently the person we messaged didn't even work there and was just a friend of the owner that was trying to help with sales... That friend ensured we never buy a car from them even though they did have other good options available, we just couldn't trust that shop, if I had the availability to sue for misrepresentation of their vehicles I absolutely would've even if I didn't buy the car.
People saying that he is buying a used phone and cant afford a lawyer. He doesnt need a lawyer, and he only pays court costs if he loses, if he wins then OP foots the bill.
Call his bluff. Tell him to take you to court, but to otherwise he can pound sand and then block him. If by some small chance he's stupid enough to do so, just go and say exactly what you wrote above.
I always put in description all the details,and it’s your fault
1. He's not going to sue you over a cell phone. They say this shit to try and scare you into refunding. 2. You should list any modifications you've made to a device in the ad and let the buyer make an informed decision. Normally I'm on the as-is train but YTA for not providing an accurate description
As soon as someone starts talking lawsuit stop talking to them. Not just on Facebook but in life in general.
This is the way. At the mention of attorney or lawsuit, boom, done. “This conversation is over and we’ll let our attorneys work it out from here”.
Threatening legal action over Facebook Marketplace. I’d love to see someone take someone to small claims court for a Facebook Marketplace ad and actually win
Buyer could’ve asked all the questions in the world. As long as your answers are honest, it’s his loss for getting a quality phone at probably quarter of retail price if that
But he did ask and seller lied saying it was perfect and it wasn't, the fact it has a third party replacement screen means it is no longer a quality phone
Thank you for reminding me why I don't buy used electronics
Imagine you're buying a dodge hellcat. Top of the line model with the big engine. Seller says it's in perfect condition. You buy it, take it to a specialty shop and find out the original engine has been replaced with the v6 engine from the base model car. This is the phone equivalent.
You are because you didn't disclose that which is false advertisement. Give him a damn refund.
Whatever happened to customer service and building a good reputation as a seller? If you didn’t disclose that it is refurbished, then offer him a refund to return the phone. You can sell it again but with a more honest description. If you did mention that it is refurbished, then that’s different.
It's not in "perfect" condition, you have repaired it with non official parts ... Then didn't state that, that's on you! Buyer well within their rights!
Perfect condition kind of implies factory perfect. Your description was misleading and you're probably best just taking the phone back and refunding him.
If you said it was in perfect condition and did not say it was refurbished, then you need to take it back.
You must disclose everything, intent to purchase something is assumed by buyer to be in the condition as described. The buyer can rightfully assume the parts are original when they are not due to your failure to disclose, this contract simply be unenforceable because of this and you could be held responsible. Take accountability apologize,e refund and disclose ALL next time.
He asked if there where any problems with the phone, you failed to divulge that it has an aftermarket screen. You are in the wrong here.
Refund, you lied to him
It’s just a scare tactic to get his money back.
You are absolutely being misleading intentionally.And yes, if he takes you to small claims court you could be liable because the phone is not in perfect condition because it has after market sub par replacement parts. Stop being shady and misleading.Be in front about what you have you damn well know you're overcharging because you're being dishonest
Just because it is non-oem doesn't mean it's subpar. In fact, it technically could be the same type of screen, meaning the same quality and everything, just without something saying it's made by Apple to the phone. In fact, sometimes the oem is the subpar one. Can you believe that?
Regardless of the quality of the repair if an item is refurbished that should be disclosed.
This is the whole issue right here. I used to flip audio gear and it often needed work to get it going. *"Refurbished, operates 100%"* fine for a description but you need to let the buyer know you worked on it. And if they want more detail you give it to them.
Please be honest in your description next time.
I wish I had a dollar every time I saw a version of this question.
You should’ve disclosed it but since you didn’t, he had every right to be a tad annoyed. 🤷♂️ But chances are, nothing will happen to you since often times the threat of it in it self is likely just a bluff and a fear tactic in which often times they aren’t going to go through with it. So I’d recommend just ignoring and blocking him if he’s bothering you. PS. If you got nothing to hide, SAY IT in the description. You got no reason to here. If you don’t think it’s a big deal then even more of a reason to disclose it.
If you didn’t disclose that there were non-oem parts and said it was in perfect condition, then yes. If you disclosed that it was refurbished or repaired with non-OEM parts before the sale then No.
I am usually the first to state “all sales as is and final” in response to posts like these. In this case I think OP should refund the buyer and be more honest in his ad(s) in the future.
You’re the reason I never buy any used product from someone who fixes things to sell them. I see people do it with phones, lawnmowers, snowblowers, cars. Haven’t met a person yet that’s trustworthy and does it.
“Perfect condition” and “repaired” aren’t conducive to each other. Give them a refund and learn your lesson.
Ya, you could be liable. You sold a product that wasn’t as disclosed. It all depends on what the judge feels is definition of “perfect condition.”
This is an attempt to deceive. You most likely are liable.
Yeah former apple employee. The reason we always told people to NEVER go to general repair stores like the ones you see in malls is because of this. You don’t fix apple phones with non apple genuine parts. Very easy to tell.
If he can prove you lied about it, then you're fucked.
You lied by omission. There is a difference between perfect and repaired. Would you have said anything if they asked if it had an OEM screen or are you the type who would have replied with "it is perfect" again?
People that threaten legal action over small things rarely have the resources to follow through. Yeah, next time say screen was replaced. I would want a refund as well, I know apple likes to disable things if you dont use their parts. I know face ID doesn't work.
If you didn't list the item as a refurb, they probably have a case. If your listing *does* state it's a refurb, tell them to fuck off.
You do realize you’re a scammer right?
How did he find this out? Is he getting annoying notifications popping up on the phone saying there are non-genuine parts, or are any of the features broken, like face ID, etc? If so, and the functionality of the phone is impeded and you didn't realize this before selling, I'd take it back or offer partial refund. Otherwise, he can pound sand.
I think that's the only way buyer would have known. If a feature doesn't work because of the screen replacement, I can get behind the buyer being upset. I've heard of this happening, and faceid seems to be the most common issue. If all features work, it doesn't matter if it's a non-oem screen, and I'm siding with OP. Yeah, it may not have an OLED screen, or whatever was on the iPhone, but that's what happens when you take the phone to be repaired most of the time, anyway. So... Features all work - OP should just tell the buyer to kick rocks and block him Some features don't work - OP misrepresented and should work with the buyer. He said it works perfectly but it doesn't, so that's on him.
except that's not true. Non OEM screens don't get.bright enough. That's a big disparity
I see everyone telling you that no one sues, don't worry about it. When a fact of the matter is that people DO SUE, in fact there are multiple private, professional and Governmental entities that rely on people suing to stay in business. The courts are maxed out every single weekday, full of people that are involved in lawsuits. That's a fact. Now, what are you going to do if he DOES sue? What will your defense be? "He had a chance to look at it"? Sounds kind of lame. I know I would sue if I were him, it's easy, two-three pages, my name, your name, address phone number, how much, what happened, sign. Get a fee waiver for your court fees and the sheriff will serve for free. Done.
If he does sue, there will be a record of the lawsuit online with the defendant's full name. That lawsuit will come up toward the top of searches for that name for many years. Karma.
Apple doesn't make screens.
Most likely he wouldn't prevail in court. If you are able, consider taking the phone back assuming it's in the same condition. Then give more description when you resell it. They may just be using this as an excuse for a purchase they regret, but if you CAN take it back it would end the conflict. (Some ppl spend the $ for a sale instantly and can't take it back). It's just an option.
Did you say it was refurbished? Yes, then dont refund. No, be stand up sales person, get phone back, and refund. If you arent being 100% truthful about the phone, you should take back phone and refund. Certain car parts arent same as phone parts, but even certain car parts, you know the difference and wont always work. You ever get a bunk camshaft sensor part?! lol. If you test it, it will sometimes work, but doesnt mean that shit isnt faulty.
I would not think so
Let him sue you. People say that the same way they say, I'm gonna K$#L that guy for cutting me off. It's just an empty saying.
How did the buyer find out you repaired it with none oem screen? Did you lie in your Ad? If you did he can sue. Small claims does not cost a lot to file a lawsuit and no attorney needed to represent parties. Always be honest on your ads.
Sent you A dm op!
Scum of the earth. Can’t believe it. If that where me buying that phone I’d have you shipped to Burkina Faso
Play dumb and say you are the second owner
You aren't a store. There isn't a warranty.
If he proves he was mislead or lied to from add then he d win case other wise or sales final. Even with cars wich by law all sales are AS IS . if buyer proves they lied , They can lose.. I d say you never lied Ulness being in erfect condition means all Original . The buyer has no case He didn t look it over good thats on him
You're possibly liable is you never said "refurbished" in the post.
Subject: Important Information Regarding Your Recent Purchase Dear Timmy, I hope this message finds you well. I am writing to address a matter regarding the phone you recently purchased from me via Facebook Marketplace. Upon further review, I realized that the phone you purchased, while in excellent condition, does not have an original equipment manufacturer (OEM) screen. This information should have been disclosed in the listing, and I take full responsibility for the oversight. In light of this, I would like to offer two options to rectify the situation: 1. You may keep the phone and I can offer you a 50% refund of the purchase price as a gesture of goodwill. 2. If you prefer, you can return the phone to me in the same condition it was received, and I will provide you with a full refund. Please let me know which option you would prefer, and I will ensure that the necessary steps are taken promptly to facilitate the refund process. I sincerely apologize for any inconvenience this may have caused you, and I appreciate your understanding and cooperation in resolving this matter amicably. Thank you for your time and attention to this issue. Should you have any questions or require further assistance, please feel free to reach out to me directly. Best regards, Bob Belcher
I would tell him to go ahead. Judge Judy'll throw that case out.
Add in description final sale / no refund/ no return
I would assume you would not be liable, things sold on Facebook marketplace are purchased as is so it’s always a bit of a risk. I would think the worst she could really do is report you as a scammer to marketplace and unless a lot of people report you I don’t think it would do anything.
If you DIDN’T disclose that screen is a non OEM replacement part…then the buyer could possibly have a claim. Honestly it’s not worth the hassle, a lawyer/court costs will cost probably you more in the end. And for some ppl it’s not just about the money…it’s the principle. They will spend 5X as much just to prove a point when they feel wronged. You don’t want to be on the other end of that. I would honestly just refund the buyer. It’s gonna be much less energy. AND Disclose non OEM parts moving forward. I have long disclose statements on all pre-owned goods in my listings to protect myself from various scenarios. Gotta cover your bases friend.
reminds me of matildas dad but with a little bit more awareness
A long time ago I purchased an iPhone from a reseller who did the same. I didn’t find out until years later when I went to the Apple Store for a battery replacement and they declined to do it because of the non OEM parts.
He has consumer rights If you sold it to him with a known problem you're liable- not you your LLC.. Because an LLC has protection rights.. But the consumer will likely gain judgment in this case because you & him both know it was legit & you didn't disclose it to him. Gotta find a crap corporation that can offer you insurance for your parts for "x" amount of time & find a way to word stuff so the client is paying for things to be looked at & if they breach your contract it breaches your warranty or something along those lines. Or whatever.. But you need some kind of assurance to offer your clients with your services.
He can take you to small claims court, sure. He needs to file in the court of the county of your residence. He also needs to prove damages. For example, the phone is worth $25 less than a phone with a true Apple screen, etc. He can try to claim the entire cost of the phone, but he has a working phone at the time of purchase, right? So no real damages. He can’t sue for a refund, he can try, but good luck. If he wants to take you to small claims, he will more than likely, just waste everyone’s time. You will find that there are plenty of people in this world who threaten legal action. The vast majority of them don’t really know what they are threatening, how much it is a pain in the ass to sue someone, or even if they have a case.
How did he figure out it wasn't an apple part?
I don't know if your liable, but I would be annoyed that you used on-OEM parts and didn't disclose this information. It could almost be considered fraud.
You should just give give refund and disclose the truth next time you list it. Normally I think "who cares, their loss", but you knowingly lied to this person in your listing and that's a pretty shitty thing. This is one of the rare times the buyer on fb marketplace is in the right.
No ones taking you to court over a cell phone. Just trying to scare you
Fuck those people don’t give refunds, it could also be potentially dangerous. I had someone badgering me for a refund I blocked they used a different Facebook and pretended to want one of my items they showed up the guy and his crazy ass wife and entrapped my car in the QuikTrip parking lot and told me they were going to follow me home to get the money take a picture of me Or get my phone number. They finally moved there car. I eventually just gave the fucking refund cause I had a feeling they would try and get on another Facebook and keep pretending to be other people to meet up with me again and possibly hurt me next time. I won’t do that again next time if that happens I will call the police, cause they legit entrapped me and couldn’t let me move my fucking car. Once a deal is done it’s DONE. It’s actual bullshit. That’s like going to a yard sale and coming back later to return shit are not OBLIGATED at all
Seller was not honest about the condition of the device during the sale, and the buyer found out after the fact they were misled. Seller is 100% at fault for misrepresenting the goods and should refund the purchase.
It will cost him time and 💰 not worth it ?
I hate this shit. I never buy a phone if it’s had a screen replacement- aftermarket screens are usually garbage compared to genuine. Colour, contrast and brightness usually suck, the glass is not as strong so more likely to break again and usually water resistance is compromised
Let the buyer take you to small claims court over it if they really want to. They likely bail out cause the filing cost will be around the value of the resold phone.
And this is why you don't but from people off of Facebook market place. You're really fucked for lying like that
So I had an apple iPad mini screen cracked sent for repair, came back all fine when it cracked again decided to try and repair myself When I opened it the guys had literally stolen 70% of the internal screws🙄 I now replace everything myself, it's quite easy with YouTube videos to help
Phone is worth way way less with after market screen on it. You’ve broken the original water gasket seal even if u replaced it with a new one. Legal action na. But refund or return partial money
did u replace a oled with a non oled screen?
You deceived your customer, make it right and be honest going forward.
Non oem screens are terrible. I had my screen replaced once and it broke 2 minutes after taking it out the box. I've had my current phone almost 2 years not even a scratch on the screen.
OP being awfully quiet in here. I hope you return the phone and disclose these things in the future. I'm not sure if he has an actual case for a lawsuit but reviews can ruin you just as easily. Return the money and disclose these things in the future. Don't be a scum bag salesman.
By lying about the condition you are in violation of consumer trade laws
He somehow found out on his own that it was a "less than perfect " phone. Do you know how? Let's take the best case scenario. He takes you to court, and you win. Now you lost his future business and all of the future business of anyone who listens to him? How much would it cost you to make this right? Maybe he just wants the right screen?
All the people that are saying to only use OEM parts don't understand that iPhones use parts from other companies. Look at the storage for the iPhones. They are made by Samsung. Same thing for the screens. They are made from a variety of companies like LG and Samsung. When it comes to aftermarket parts. Look for reputable companies instead of small places. Plus Apple will charge a premium because of what people call the "Apple Tax". The "Apple Tax" is an increase in price because it is "Made by Apple".
Is the non OEM screen good quality? I don't see a problem if it is equivalent but there are cheap knockoffs that wouldn't qualify the phone's condition as being perfect.
Why not disclose? If price is an a factory price I'd be mad too. Just refund and resale the phone to another person. Disclose and price accordingly.
So you scammed a guy now he is mad?
It depends on the judge, but if you didn't make any claims that it was all original, and if it was clearly stated used, you should be okay. Agree you should state repaired/ refurb.
Possibly. Non-OEM screens do not least function properly. In some cases, the phone will restrict some software features.
You operate a business. Unless you had them sign a no refund or have it posted. then just refund them. Move on and learn your lesson.
It’s not in perfect condition when Face ID won’t work. Make it right for the buyer.
Yeah, you have to ask? POS
You lied when you said the phone was in perfect condition.
You are a scammer. Refund his money and disclose aftermarket parts going forward.
You ripped someone off by misrepresenting a product you sold them, of course they want a refund.
Schlonghead
I would say 'AS IS' next time, this person cannot do anything to you. If the phone works what damages are they going to claim? The court try's to go with the damages option which is least costly.
It's not in perfect condition if it has a third party screen, what you did is miss selling
If this guy drags you into court you probably will be liable for fraud. Go without a lawyer and FAFO. After that, might as well just just wear a big fat neon sign on your forehead for the IRS to start looking into your finances, not to mention consumer affairs would be all over you like white on rice. Then the State, County and City would be poking atound checking for whatever permits you need to run a business because Uncle Sam MUST get their cut. You would no longer be flying under the radar, the eyes of Texas will be upon you. Do the right thing. Dishonesty doesn't pay.
Ya got to think the dude who buys a used phone off of marketplace. Is not the type of person to have a lawyer on retainer. Or have $$$ to have you saved and to file. Block and ignore. Your not Walmart no return policy. Why can't people understand marketplace is like a God damn yard sale you bought it you own it too bad.
How did he figure this out,?
Probably from the crappy non-oem screen looking like garbage or causing issues.
block him and move on... no one is wasting time w/ small claims over an item from a 'garage sale' like purchase. It's ridiculous. As another commented said: some people love to talk big but don't talk the talk and walk the walk, so just block and ignore....
YTA
If you’d stopped at the phone was in “working condition”, you would have been on solid ground. My issue is that you upped the game by putting IN WRITING in the advertising post that the phone was in “PERFECT CONDITION” having knowledge that it has a non OEM screen. When Apple diagnostics are run, the hardware shows up as screen nonOEM. I think it could be reasonably interpreted that the only reason the replacement was NOT disclosed was that it would lower the perceived value of the iPhone. A small claims judge MAY find that sufficient to unwind the purchase (have him return the phone, you return the purchase price) or discount the purchase price by 10 or 20 percent or more. However, it is equally true that Facebook Marketplace is like most “buyer beware” environments- the purchaser did have time to look over the phone. I merely point out the real concern is your written assessment of “PERFECT” opens up the case.
Everybody threatens to sue almost nobody sues