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New York State small claims? No claim?

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  • New York State small claims? No claim?

    I recently purchased from an ad on facebook a used pool from an individual- advertised as 100 percent no defects. I know it was used and the old saying buyer beware, etc.
    When I picked the pool up- it was too large for me to open up and check out. Seller insisted it was 100 percent ok. Got the pool home and got help to set up the pool it had a large mouse nest and holes inside. Seller says there's no way she would have known that and it's my tough luck. I have printed correspondence from her that it was 100 percent with no defects.
    We're only talking $200.00 but $200 is a lot for me. Again I do I have our written correspondence where she claims it was "No defects and !00% certain it was fine".Should I chalk this up to buyer beware or do I have a small claims case?

  • #2
    Re: New York State small claims? No claim?

    I wish to inform you that you can first give a written notice that other party must compensate you for your loss as there has been breach of contract. In this regard as other party had stated that 100% no defects thus they have undertaken to be correct and you have relied on that statement while purchasing hence you can claim compensation. Generally rule of buyer beware is not applied when buyer is solely relying on statement of seller. If other party refuses to provide you compensation then you can file a lawsuit in small claims court for breach of contract. In this amount of $200 may not affect the case because buyer had stated 100% no defects.

    AFF

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    • #3
      Re: New York State small claims? No claim?

      It sounds like you have a valid claim as long as you have the supporting paperwork. Remember though, obtaining a judgment and collecting on it are 2 different animals.
      Due to a recent promotion, I should now be referred to as Major Obvious.

      I would not be trying to provide information and knowledge if I did not sympathize.

      Some days it is just not worth chewing through the restraints to face life.

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      • #4
        Re: New York State small claims? No claim?

        do I file the claim in the township I reside or the neighboring township that she resides in?

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        • #5
          Re: New York State small claims? No claim?

          It would be wise to file suit in the township where she resides.

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