Facebook Marketplace seller must refund buyer over false advertising, B.C. tribunal decides
A Facebook Marketplace seller is being ordered by B.C.'s small claims tribunal to repay hundreds of dollars after selling a product under false advertising.
In the Civil Resolution Tribunal decision posted Thursday, tribunal member Kate Campbell explained the applicant, only identified as AF because he was a minor when the purchase was made, bought a head unit – or car stereo controller –thinking it was a Subaru iDoing model. But when he opened the box, he found an inferior Junsun model instead.
Campbell wrote a new iDoing head unit retails for just over $670, while a new Junsun unit sells for about $92. AF bought the unit off Marketplace from Felix Cretu for $400.
In her decision, Campbell admitted that when purchasing used goods, the rule is usually "buyer beware." In this case, however, Campbell found the Cretu's advertising was disingenuous.
"AF provided a copy of the Facebook Marketplace listing, which describes the head unit as a 'Subaru iDoing head unit,' brand new in box," Campbell wrote. "The listing also includes a photo of a head unit, which appears to be screenshot from a website sales listing, under the caption 'iDoing.'"
Campbell said AF confirmed the brand over text and didn't inspect the product when he picked it up because the box was sealed.
"Felix Cretu says the head unit AF bought is 'perfectly fine' and works well. I accept that. However, as explained above, Felix Cretu specifically marketed it as an iDoing brand head unit, and AF’s photos show it is not," Campbell's decision said. "I note that Felix Cretu does not say in this dispute that the head unit is iDoing brand, only that it works and is 'amazing.'"
Cretu said he'd take the Junsun unit back for "an unspecified reduced price," but not for the full $400 AF paid.
However, Campbell determined Cretu misrepresented the unit and ordered him to repay AF $400 as well as about $145 in CRT fees and pre-judgment interest. AF was ordered to return the Junsun unit to Cretu.
CTVNews.ca Top Stories
Blaine Higgs 'furious' over sexual education presentation
New Brunswick Premier Blaine Higgs has shared his anger on social media over a presentation in at least four high schools.
Grayson Murray's parents say the two-time PGA Tour winner died of suicide
Grayson Murray's parents said Sunday their 30-year-old son took his own life, just one day after he withdrew from a PGA Tour event.
The dreams of a 60-year-old beauty contestant come to an abrupt end in Argentina
A 60-year-old woman saw her dreams of becoming the oldest Miss Universe contestant in history melt away in a haze of sequins and selfies Saturday at Argentina’s annual beauty pageant.
At least 15 dead after severe weather carves path of ruin across multiple U.S. states in the South
Powerful storms killed at least 15 people and left a wide trail of destruction Sunday across Texas, Oklahoma and Arkansas during the latest deadly weather to strike the central U.S.
2 died in plane crash near Squamish, B.C., police confirm
Two people died after a plane went down in a remote area near Squamish, B.C. on Friday, authorities have confirmed.
Driver, 18, gets $3,000 ticket, 32 demerit points after speeding on Laval boulevard
A young driver received a hefty fine from Laval police after they say he was driving nearly 100 km/h over the posted speed limit.
After more than 100 years, Newfoundland's unknown soldier returns home
An unknown Newfoundland soldier, who fought and died on the battlefields in northeastern France during the First World War, is back home this weekend for the first time in more than a hundred years.
Some birds may use 'mental time travel,' study finds
Real quick — what did you have for lunch yesterday? Were you with anyone? Where were you? Can you picture the scene? The ability to remember things that happened to you in the past, especially to go back and recall little incidental details, is a hallmark of what psychologists call episodic memory — and new research indicates that it’s an ability humans may share with birds called Eurasian jays.
Trump confronts repeated boos during raucous Libertarian convention speech
Donald Trump was booed repeatedly while addressing Saturday night’s Libertarian Party National Convention.