OfferUp experience

[APR1]

A couple of days ago, I was browsing on local sites like letgo, Craigslist, OfferUp .... etc. figured it was time to make some upgrades to my car and wanted to see if there were any good deals on pre owned goodies. Saw an add for a Cobb Accessport on OfferUp and decided to contact the seller. He was very responsive and had stellar reputation on the app. I made sure to ask for the part number and if it was "unmarried". He provides the part number and assured me it completely uninstalled from his car "unmarried". I Met up with him, made the transaction, got home and learned that it was still installed / married to his car. I should've had him hook it up to his car to verify, but I didn't. Seeing as how I could easily find him if he decided to scam me gave me that extra sense of security / trustworthiness.

I like to give people the benefit of a doubt and assume he just forgot to uninstall it. Sent him a friendly note asking to meet up and unmarry the device... no response yet...

But here's the thing, I am sincerely hoping he just hasn't seen the message and this is all just a misunderstanding. My roommate is a police officer and we had a little chat about the situation...here are some facts:

- I have the kid (and the transaction) recorded on my dashcam (we met in front of my car and transacted as he was taking a look under my hood
- I have messages saved where he explicitly states multiple times that the device is unmarried and ready for installation
- I already found him on Facebook through a local FB group
- I have his plate #

I'd hate to see this kid get a criminal record over a few hundred $

 

[JC_451]

He could only be charged criminally if he refuses to either a) rectify the situation to your satisfaction ie unmarry the device or b) give you the money back (and you obviously return the device)

Extremely unlikely he would be arrested in either circumstance and even if he was that doesn't mean you would get reciprocity. Unless the site that brokered the transaction can get involved you'd probably have to take him to small claims. That seems extreme though and I would guess this isn't actually something malicious.

Since he doesn't actually benefit from keeping the device married to his car I would guess it's either just an oversight or he attempted to unmarry it and somehow did it incorrectly.

 

[APR1]

He could only be charged criminally if he refuses to either a) rectify the situation to your satisfaction ie unmarry the device or b) give you the money back (and you obviously return the device)

Extremely unlikely he would be arrested in either circumstance and even if he was that doesn't mean you would get reciprocity. Unless the site that brokered the transaction can get involved you'd probably have to take him to small claims. That seems extreme though and I would guess this isn't actually something malicious.

Since he doesn't actually benefit from keeping the device married to his car I would guess it's either just an oversight or he attempted to unmarry it and somehow did it incorrectly.

The site that brokered the deal cooperates with police.

And you're right, it's probably an oversight. I will be happy once we meet and uninstall the device from his car... Just an anecdote for all the awesome forum members.

 

[nype]

It’s the weekend. I wouldn’t get at all concerned until maybe Monday night, if he has not responded.

 

[APR1]

It’s the weekend. I wouldn’t get at all concerned until maybe Monday night, if he has not responded.

Absolutely no concern on my end. The kid seemed friendly and genuine.

 

[pitterchi]

This is the problem when buying anything used. There is no warranty or guarantee.

He sold something and a transaction was made. He may or may not have known it was married or not. The burden of proof is yours.

I’m sure the rules vary state to state and from what I can see, this is not a criminal case. It may be a Civil case and there’s a chance you’ll lose.

You made the first step by trying to contact him. Since your roommate is a police officer you can ask him for some advice or better yet possibly get involved. If that doesn’t work, gather your evidence and take him to small claims court.

Really hope you go to Judge Judy.


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[APR1]

This is the problem when buying anything used. There is no warranty or guarantee.

He sold something and a transaction was made. He may or may not have known it was married or not. The burden of proof is yours.

I’m sure the rules vary state to state and from what I can see, this is not a criminal case. It may be a Civil case and there’s a chance you’ll lose.

You made the first step by trying to contact him. Since your roommate is a police officer you can ask him for some advice or better yet possibly get involved. If that doesn’t work, gather your evidence and take him to small claims court.

Really hope you go to Judge Judy.


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My roommate said if i wanted to get police involved all I had to do was file a report and provide evidence and they would literally go to his house and try to remedy the situation.

It's criminal offense if there was intent to commit fraud. If the seller doesn't cooperate with me over the next few days / week than it's obvious he had the intent.

Straight from the horses mouth.

 

[pitterchi]

My roommate said if i wanted to get police involved all I had to do was file a report and provide evidence and they would literally go to his house and try to remedy the situation.



It's criminal offense if there was intent to commit fraud. If the seller doesn't cooperate with me over the next few days / week than it's obvious he had the intent.



Straight from the horses mouth.

That sounds right but the hard part is getting the seller to admit anything. Even stupid people are smart enough to at least say “I didn’t know...”

If he says he sold what was as advertised and claims you had possibly married the device and are trying to get their money back then the police can’t do much about it. Its your word vs theirs.

I’ll stick to my guns and still think this is a Civil matter.

Good luck and i hope you post the outcome.

Chances are the seller will give you your money back to avoid the negative feedback on his profile.



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[APR1]

That sounds right but the hard part is getting the seller to admit anything. Even stupid people are smart enough to at least say “I didn’t know...”

If he says he sold what was as advertised and claims you had possibly married the device and are trying to get their money back then the police can’t do much about it. Its your word vs theirs.

I’ll stick to my guns and still think this is a Civil matter.

Good luck and i hope you post the outcome.

Chances are the seller will give you your money back to avoid the negative feedback on his profile.



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The thing is, once you plug the Accessport to his car, it'll recognize it... plus he advertised it as "unmarried" via pre sale conversation. But like I said, not trying to get the kid in trouble, or even asking for my $ back at this point. A simple meet and "unmarry" the device will suffice

 

[The Fed]

Am I missing something? Could he have stole it or paid a pittance for it from someone who knows it's not usable then sell it to you for a profit?

You don't mention what state you're in, but be careful, because many states have laws against recording someone without their specific permission that will land YOU in jail.

 

[APR1]

Am I missing something? Could he have stole it or paid a pittance for it from someone who knows it's not usable then sell it to you for a profit?

You don't mention what state you're in, but be careful, because many states have laws against recording someone without their specific permission that will land YOU in jail.

If that was the case, then there is clear intent to commit fraud.

A Dash camera is viewed like a security camera in my state, and is fully legal. What states are you thinking to make dash cameras illegal? I am legitimately curious because I can't think of any

 

[adam1991]

If that was the case, then there is clear intent to commit fraud.

A Dash camera is viewed like a security camera in my state, and is fully legal. What states are you thinking to make dash cameras illegal? I am legitimately curious because I can't think of any

The law is funny. It was written before the proliferation of cameras. It was written specifically regarding sound recording.

Video recording does NOT fall into the wiretapping/recording without their knowledge statutes. If you have a dashcam that records video only, no foul. But if your dashcam records audio, you fall under the wiretapping statutes.

Plenty of people who have recordings of their dealer mechanics hooning the car have found this out.

 

[APR1]

The law is funny. It was written before the proliferation of cameras. It was written specifically regarding sound recording.

Video recording does NOT fall into the wiretapping/recording without their knowledge statutes. If you have a dashcam that records video only, no foul. But if your dashcam records audio, you fall under the wiretapping statutes.

Plenty of people who have recordings of their dealer mechanics hooning the car have found this out.

The statutes only apply to passangers inside the vehicle...

Not that it's applicable to this instnce, but the state I am in allows dash cams that record voice as well video footage. The footage becomes the property of the driver.

 

[FLGTI1]

Heres the reality: there is no way in hell he "forgot" to unmark the thing. I have had several APs, you just know if it's been taken off your car..."Untuned it more. I would give this kid exactly one more day then call the cops.

 

[APR1]

Heres the reality: there is no way in hell he "forgot" to unmark the thing. I have had several APs, you just know if it's been taken off your car..."Untuned it more. I would give this kid exactly one more day then call the cops.

I like to give people the benefit of a doubt and let them make things right before getting authorities involved. He was maybe 25 tops...