Can I get my money back?

[Needadvice248]

I exchanged two Nintendo Switch Consoles and $650 in exchange for a pair of Adidas Yeezy Boost 350 Turtle Dove sneakers, an agreed upon monetary value of $1,350. I attempted to list and sell the sneakers on the phone apps, GOAT and Slang, two popular and reputable sneaker selling phone apps. However, both phones apps refused to allow me to post the sneakers for sale because the authenticators had issues with the authenticity of the sneakers. In other words, the sneakers were found to be fake by the authenticators. I have the e-mails from GOAT and Slang that show the removal of the sneakers from their app due to issues with their authenticity. I voiced my concern about their authenticity the same day and the buyer assured me that the sneakers were authentic.
After several failed attempts to sell the sneakers because of issues with their authenticity, via text, the buyer agreed to repay me $1,350, the monetary value of the two Nintendo Switches and $650, and in return, I would give back the sneakers. On several occasions after this exchange, I attempted to get in contact with the buyer and arrange a meeting to recoup my money. However, the buyer refused to repay the $1,350 to me for the two Nintendo Switch Consoles and $650 and had no intention whatsoever of doing so.

So, are agreements via text legally binding in the eyes of the law? I have a full transcription of our text message conversation for reference. What are my chances of recouping my money with small claims court? I am located in Arizona.

 

[quincy]

I exchanged two Nintendo Switch Consoles and $650 in exchange for a pair of Adidas Yeezy Boost 350 Turtle Dove sneakers, an agreed upon monetary value of $1,350. I attempted to list and sell the sneakers on the phone apps, GOAT and Slang, two popular and reputable sneaker selling phone apps. However, both phones apps refused to allow me to post the sneakers for sale because the authenticators had issues with the authenticity of the sneakers. In other words, the sneakers were found to be fake by the authenticators. I have the e-mails from GOAT and Slang that show the removal of the sneakers from their app due to issues with their authenticity. I voiced my concern about their authenticity the same day and the buyer assured me that the sneakers were authentic.
After several failed attempts to sell the sneakers because of issues with their authenticity, via text, the buyer agreed to repay me $1,350, the monetary value of the two Nintendo Switches and $650, and in return, I would give back the sneakers. On several occasions after this exchange, I attempted to get in contact with the buyer and arrange a meeting to recoup my money. However, the buyer refused to repay the $1,350 to me for the two Nintendo Switch Consoles and $650 and had no intention whatsoever of doing so.

So, are agreements via text legally binding in the eyes of the law? I have a full transcription of our text message conversation for reference. What are my chances of recouping my money with small claims court? I am located in Arizona.

If you purchased counterfeit goods, there is a good chance you will not receive a refund ... or hear from the seller again. You could, however, hear from the trademark holders who might be interested in from whom you purchased the infringing products.

 

[Needadvice248]

If you purchased counterfeit goods, there is a good chance you will not receive a refund ... or hear from the seller again. You could, however, hear from the trademark holders who might be interested in from whom you purchased the infringing products.

I actually have the seller's name, address and phone number.

 

[quincy]

I actually have the seller's name, address and phone number.

That is good. You can sue him then, using the text exchanges as evidence of your agreement. Texts are not the best evidence of an agreement but if that is all you have, that is what you will have to use.

Perhaps just the threat of a lawsuit, combined with the fact that he sold you illegal goods, will be enough to convince him of the wisdom of settling the matter out of court.

Good luck.

 

[Needadvice248]

That is good. You can sue him then, using the text exchanges as evidence of your agreement. Texts are not the best evidence of an agreement but if that is all you have, that is what you will have to use.

Perhaps just the threat of a lawsuit, combined with the fact that he sold you illegal goods, will be enough to convince him of the wisdom of settling the matter out of court.

Good luck.

He is still claiming the shoes are real and refuses to refund me my money. Looks like he wants to go to court, I guess.

 

[Zigner]

What proof do you have that the sneakers are not authentic? You have a couple of web sites that appear to be unwilling to list the sneakers because they have doubts about the authenticity, but you have no proof that they are not authentic.

 

[Zigner]

However, both phones apps refused to allow me to post the sneakers for sale because the authenticators had issues with the authenticity of the sneakers. In other words, the sneakers were found to be fake by the authenticators.

See...they were not found to be fake. The were simply unable to verify that they weren't fakes.

 

[quincy]

See...they were not found to be fake. The were simply unable to verify that they weren't fakes.

Trademark holders provide lists that sellers/purchasers can look to when trying to distinguish real products from counterfeits. Rarely would be the case that someone who works with the real products could not easily identify a counterfeit. The counterfeiters are just not that good.

If two separate "authenticators" determined the products were fake, the products are probably fake.

For confirmation, Needadvice248 could contact Adidas. I have a link somewhere to Adidas counterfeit checker. If I remember to hunt it down, I will post back. Adidas, as a note, are among the most counterfeited of goods being sold by private sellers (although counterfeits can also be found in some retail establishments).

 

[Just Blue]

JSMH at the stupid amount of money people are wiling to pay for sneakers.

 

[Zigner]

Trademark holders provide lists that sellers/purchasers can look to when trying to distinguish real products from counterfeits. Rarely would be the case that someone who works with the real products could not easily identify a counterfeit. The counterfeiters are just not that good.

If two separate "authenticators" determined the products were fake, the products are probably fake.

For confirmation, Needadvice248 could contact Adidas. I have a link somewhere to Adidas counterfeit checker. If I remember to hunt it down, I will post back. Adidas, as a note, are among the most counterfeited of goods being sold by private sellers (although counterfeits can also be found in some retail establishments).

I'm not disagreeing with you - all I'm saying is that the OP has nothing (at this point) that he can present in court to prove the items are counterfeit.

 

[quincy]

I'm not disagreeing with you - all I'm saying is that the OP has nothing (at this point) that he can present in court to prove the items are counterfeit.

He has emails from two authenticators. That is pretty good evidence for a small claims action.

I agree, Blue Meanie. The price some are willing to spend on shoes is to me absurd. What is worse is that some are even willing to rob and kill for shoes. Some crimes puzzle me more than others. Shoe-theft is one of those puzzlers.

 

[Zigner]

He has emails from two authenticators. That is pretty good evidence for a small claims action.

He has automated emails from apps he found online. Those likely won't be admissible in court.

 

[quincy]

He has automated emails from apps he found online. Those likely won't be admissible in court.

Maybe. Small claims can be pretty relaxed when it comes to what is allowed. But he can get the shoes authenticated by Adidas, if he is worried about proof.

 

[Needadvice248]

He has automated emails from apps he found online. Those likely won't be admissible in court.

They are actually not automated. They are from the authenticator himself. He points out the very reason why he feels the shoes are not authentic.

 

[Ohiogal]

The letters are hearsay. And rules of evidence do apply in small claims. Furthermore, did the authenticator see the ACTUAL shoes OR just a picture of the shoes?