When Something Doesn’t Work As Advertised on Facebook Marketplace: What Are My Legal Options?

Introduction

Facebook Marketplace is a popular place to buy and sell items online. However, it is important to understand the nature of transactions on this platform. When you purchase something on Facebook Marketplace, like at a yard sale or thrift shop, you are taking a chance. Items are sold 'as is,' meaning the seller is not obligated to offer warranties or guarantees. This is the reason why it is crucial to inspect the item before purchasing to ensure it meets your requirements.

Can I Sue the Seller?

No, generally, you cannot sue a seller on Facebook Marketplace directly because the platform operates on an 'as is' basis. If the product you purchased does not work as advertised and the seller is not responding, you have limited legal alternatives.

Option 1: Small Claims Court

One option is to file a case in small claims court. However, this might not be worthwhile unless the item was extremely expensive. Even if you win the case, the judge is unlikely to order immediate payment. You may end up receiving payments over several years, 20 monthly installments, to be exact. This process can be lengthy and stressful.

Option 2: Filing a Breach of Contract or Warranty Claim

The better approach is to determine if the seller owes you any money because the product does not meet the description. Lawsuits are for compelling someone who owes you money to pay. If the seller does not owe you anything or pays as requested, there is no point in suing them.

A seller generally owes the buyer money if the product is not as described. If the seller has not offered any warranty disclaimers, the seller owes the buyer the difference in value between what the buyer received and what the buyer was promised. There are some exceptions for mistakes, such as a seller claiming a product is from 2005 when the actual year of manufacture is 2000.

The buyer can sue for breach of contract more specifically, breach of warranty. This is particularly relevant if the seller made specific claims about the product's quality, function, or condition that were not upheld.

Obtaining a Refund

Instead of pursuing legal action, you can try to obtain a refund. To make it easier, use a credit card to pay for the item. Credit cards often have dispute resolution processes which can help you get your money back.

You can also take preventive measures to gather evidence that may be useful in a legal case. Collect screenshots of the ad and your text messages with the seller. In the event you decide to take the matter to court, this evidence can be presented to a small claims judge to support your case for a refund.

Alternative Public Reporting Option

Another option is to publish your experience publicly. Share a post detailing your experience and tag the seller. This can expose them to potential negative feedback from their network of friends and family. If the seller sues you for slander, you will have evidence that refutes their claims. Furthermore, you might use this as a chance to counter-sue for compensation if you can prove the seller owes you money.

Remember, the default position of any items sold is 'as is.' However, if the seller made specific claims about the product and you were misled, you may have grounds for a breach of contract or a breach of warranty claim. Including a clause in the contract stating that the product can be returned within a certain timeframe if it does not work as advertised can also provide a legal avenue to protect your interests.

Conclusion

When you purchase something on Facebook Marketplace and the product does not work as advertised, your options are limited. While it is possible to take legal action, it often requires significant time and effort that may not be justifiable unless you are dealing with a very expensive item. In many cases, it is best to seek refunds or work out solutions through a credit card dispute process. Reporting your experience publicly can also serve as a deterrent against future dishonest sales practices.