Mr. Paul Patterson, described his item on ebay as an xbox console that would be ready to play the day it arrived. This meaning it would read, and play the discs in which are formatted for it. This is not true.
The primary function of the xbox console, which he stated could not be tested, does not work. My complaint is, if the functionality of the system could not be tested, then why was it marketed as operating, and "ready to play"? His company policy states refunds would be given within ten days of when we received it (Feb. 28), and that all electronic sales are as is. As is, would be a legitimate dismissal from liability, but in this case - it was marketed as working properly and therefore was false advertisement. It was not listed AS IS.
This is (under NYS penal code) listed as false advertisement and warrants possible criminal charges. Mr. Patterson said he did not care about legality, the sale is as is. He was not willing to refund me the full amount, in return for his merchandise. He only agreed to getting his items back, and that he would re-sell them (advertised as non-working) and give us the profit. There is no guarantee that I would receive the money I spent for it, or that it would even sell for close to 150 dollars, being that it is broken.
His only terms were that he pay HALF the refurbishing fee (45 dollars of the total 90). This is unfair, I have to meet him half-way, and spend another 45 dollars on something that was mis-leading and expensive to begin with. I have all the proper documentation in my posession of the specific details of the sale, if they need to be obtained
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