sangnguyenca wrote:
Hi,
I contacted him again today and resides the issue... And I told him that if he does not respond I would file claim.... He did text back saying he sold me as is... Should I file??? Because I do not want to make a big deal. I hope there's is alternative .
Therein lies the whole issue. You made a private purchase of a personal used item, which usually are indeed sold "as is". Most consumer law doesn't offer much help in such situations of purely private party personal property commerce, except in cases of egregious fraud (for example, somebody claiming to sell you an iPhone 5 when in fact they actually ship you an iPhone 3g or something clearly not what was originally advertised for sale).
You can talk to a police officer about it, or your lawyer, and see just what legal recourse you may have, but the simple plain fact of things are, there is not much you really can do. You bought it as is, and the sole responsibility for the entire transaction pretty much lies with you as the buyer and the seller.
One possible legal basis for pursuing things may be that the seller advertised a functional iPhone (or the advertisment clearly implied a functional device), and in fact, because of something in fact under their direct control, the device is effectively non-functional? Sort of like selling you a car but refusing to give you the keys to it after its been dropped off in your driveway. I don't know how that would fly in court, but it may be some basis for legal action against the seller - talk to your lawyer about it.