Can i sue?

Hello!I have a bit of a situation as in whether to go to small claim courts for $325.51. I'm a buyer/seller on an app called “Let Go” (not sure if you're familiar with the app). But in other words, LetGo is similar to craigslist where you sell your used items and meet face to face to make the transaction. I bought an iPhone from a seller (I have proof) and was told that the screen wasn't working but it does turn on and all I would need to do is get a new screen. I agreed to get the screen replaced. Now, the seller's advertisement states that its an iPhone 6 plus, 128gb and its unlocked (to any phone carrier). The seller asked me whats my offer and I asked if $120 was okay and he agreed. I met with the seller at his job and once again he told me that the touch screen doesn't work and that I would need to replace the screen and once again I told him that I would pay and get the screen replaced. I continued to ask him face to face if the phone was unlocked and 128gb and he said yes. Then I asked him “Why are you selling this phone for a low price?” and he stated “I'm just selling it for a friend” (totally understandable). I paid for the phone and immediately went to the screen replacement store. By the time they finished, they had to replace the screen, digitizer, battery, etc. I was fine with that and paid $205.51. Shocking? Yes I know! I could've just bought a brand new phone. But! I have not found an iPhone 6 plus 128gb for that price. Now that I received my brand new phone, I inserted the sim and the phone says that the “sim is not supported”. I'm beyond puzzled because that's never happened before when I purchased a previous phone on letgo. I proceeded to call the Apple company and I gave them information such as the IMEI number for the phone. Turns out the phone IS locked and its locked to a phone company “Softbank” in JAPAN and not only that!!! the phone is 16gb. The phone that I have now is 16gb and I've already used up all of the space. That's why I purchased the phone because it was advertised as 128gb. Why would I buy a phone for 16gb when I already have a 16gb phone? I contacted the seller and the app showed that he read my messages but never responded back. So I text him, nothing, I called, it rang twice then was forwarded to voicemail and I texted again but nothing. I contacted his mother and she told me that she read all of the messages etc. After all of that, she says that its called “BUYERS BEWARE”. I continued to let her know that I was told that the phone is unlocked, 128gb, etc. She told me that she would contact her sons (the seller's) friend for more information. Couple minutes later, she texts me to tell me that she cant get a hold of the friend and that he disappeared. I told her that her assistance was appreciated and asked her one more question and she told me that when she bought a phone, she went out of town to get it unlocked.............. Now shes insinuating that I go get the phone unlocked.... Why should I when I was told that its unlocked already...... Even though shes claiming buyers beware because I was told of the damage, can I sue for false advertisement/fraud due to the lies of 128gb and it being unlocked?Thank you for your help!

Asked about 3 years ago in Jacksonville, North Carolina
Categories: Entertainment & Media Law

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Civil Litigation Sharmil McKee Pennsylvania Lawyer Sharmil McKee Verified Lawyer I am a business lawyer in Philadelphia. I help small and... Details

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