picture of PS3 sold for $840 on ebay!

[phyphoestilic 5,000+ posts]

I want a video of Tony getting his *** kicked. Than buying a PS3 for the guy. //content.invisioncic.com/y282845/emoticons/laugh.gif.48439b2acf2cfca21620f01e7f77d1e4.gif

 

[nVRuckus 5,000+ posts]

i see this turning from tony thinking he owned someone to tony getting uberpwned real quick.
someone tell that guy to keep us updated.

his real name isnt tony //content.invisioncic.com/y282845/emoticons/fyi.gif.9f1f679348da7204ce960cfc74bca8e0.gif

 

[nVRuckus 5,000+ posts]

I wonder if the words "oh sh*t!" have come out of tony's mouth yet.... //content.invisioncic.com/y282845/emoticons/wink.gif.608e3ea05f1a9f98611af0861652f8fb.gif

probably when he got the phone call from the buyer. LOL. I hear he was quiet for a few seconds when the guy said who he was LMAO

 

[davesexplorer 10+ year member]

Probably doesn't need to worry is my guess, ebay wont do anything being that it was printed in the auction, and not in the category of gaming systems... paypal wont do anything, *******, and even if they did try to yank the money back if it was already taken out of the account SOL for you. Police definitely wont do anything, only thing you can do is hire a good lawyer/or do it yourself civilly, which will require more money and more hours of your time.

Keep harassing phattony, and he could file a police report against you...

harm him and you go to jail...

harm his property, see above...

good luck, read the whole auction in the future, especially with all the scumbags on ebay...

 

[Dozy_production 10+ year member]

An angel lost his wings because of this.

 

[Pitchblack98 10+ year member]

I sent this link to a friend that is a legal assistant for a Denver Law Firm. He said the auction was legal and he will be in the clear. There was nothing illegal about his auction or the sale. If they other party contacts a lawyer more then likely the lawyer will turn down the case if that party is honest about the auction. If the lawyer decides to try the case and loses they will be out attorney and legal fees and quite possibly be sued to cover what ever legal fees phattony racks up during the process.

So if anyone else wants to try it go for it there is nothing illegal about it. Now that ebay has taken the auction down, I hope phattony has a copy of it cause he will need it for evidence to show it started it was only a picture and not listed in the system section.

This is no different than what, say, wireless phone providers do with their fine print for example. So buy a new phone or open an account. 2 year contract. Yes they usually tell you this, but what they dont tell you is if you make any changes on your account and your contract is extended. I found this out the hard way with verizon. I got a new cell provider 2 months before my contract was up. I changed to a cheap plan for the next 2 months so I wouldnt have to pay a lot until it expired. Called to cancel 2 months later and was informs the changes I made extended my contract another 2 years. So I have 4 cell phones to this day. lol

From my point of view I cant say phattony did anything wrong. The only thing I see coming out of this is the other party and everyone reading this thread will learn to completely read everything.

 

[davesexplorer 10+ year member]

Thanks for restating what I said, except I didn't have to go to a lawyer.

 

[WhoSayWho? 5,000+ posts]

Thanks for restating what I said, except I didn't have to go to a lawyer.

He did not go to a lawyer. He went to a legal assistant who works for lawyers.

Which could explain why he received the answer he did.

Make no mistake about it. Tony is in DEEP trouble. Tony's going to the pokey. He is going to become romantically involved with a guy named Tyrone.

I know you are reading this thread Tony. //content.invisioncic.com/y282845/emoticons/laugh.gif.48439b2acf2cfca21620f01e7f77d1e4.gif

 

[slick rick 10+ year member]

III. MISREPRESENTATION

A. Generally: If a party can show that the other made a misrepresentation to him prior to signing, he may be able to use this in either of two ways: (1) he may use this as a defense in a breach of contract action brought by the other; or (2) he may use it as the grounds for rescission or damages in a suit in which he is the plaintiff. [477]

B. Elements of proof: [477]

1. Other party’s state of mind: P does not generally have to prove that the misrepresentation was intentionally made. A negligent or even innocent misrepresentation will usually be sufficient to avoid the contract, if it is made as to a material fact. [477]

2. Justifiable reliance: The party asserting misrepresentation must show that he justifiably relied on the misstatement. [477]

3. Fact, not opinion: The misrepresentation must be one of fact, rather than of opinion. (Example: A salesman’s statement, "This is a very reliable little car," is probably so clearly opinion, or "puffing," that the buyer cannot rescind for misrepresentation by showing that the car in fact breaks down a lot. But, "This car gets 30 miles per gallon in city driving," is an assertion of fact, so it can serve as the basis for a misrepresentation claim.) [477]

 

[davesexplorer 10+ year member]

Good luck, make sure and get a lawyer whom you dont have to pay when you lose.

 

[sue bee 10+ year member]

you could theoretically have grounds for misrepresentation, hell you could even try to pursue copyright infringement based upon the fact that the photo was sold for profit. i would say legally, this isn't worth it. but, maybe getting some cops to show up at his house to scare him straight would be funny. even funnier would be showing up at his house and then explaining to police that he sold you a $600 picture. if i was a police officer, i would have a hard time not letting you dissapear.

 

[WhoSayWho? 5,000+ posts]

Good luck, make sure and get a lawyer whom you dont have to pay when you lose.

Well Dave, he absolutely would not lose in a civil action. Now whether it would be worth pursuing or not given the geographic location of the parties and the low amount of the money involved is another matter.

However, depending on the jurisdiction, the guy could have a viable claim for punitive damages. Of course a judgment would probably be worthless since all Tony owns is photos of various electronics.

 

[slick rick 10+ year member]

Well Dave, he absolutely would not lose in a civil action. Now whether it would be worth pursuing or not given the geographic location of the parties and the low amount of the money involved is another matter.
However, depending on the jurisdiction, the guy could have a viable claim for punitive damages. Of course a judgment would probably be worthless since all Tony owns is photos of various electronics.

Exactly...the cost of winning the case will be more than the value originally sued for. In this case he could receive compensatory damages and perhaps some punitive damages, but still nothing to write home about. However, there is an adequate remedy at law if proven beyond the preponderance of the evidence. //content.invisioncic.com/y282845/emoticons/smile.gif.1ebc41e1811405b213edfc4622c41e27.gif

 

[WhoSayWho? 5,000+ posts]

Stupid? I don't think I'm the stupid one in this situation...

well....

Anyway I see that you are back (presumeably with stuff to sell here).

 

[ConcernedMember 10+ year member]

I wonder what Sony thinks about PhatAss using there picture to make a profit. I smell a copyright infringement case. PhatTony better give that money back before he is in an assload of trouble. Just ask people that have used Tiger Woods name or products without getting an ok from Tiger Woods, or any other person for that matter. Lol, Phat Tony opened a can of worms on himself, that he is going to wish he just left alone if the buyer decides to make his life hell.