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Hi all! A month ago I purchased a Face Cord of Firewood off of Facebook Marketplace. When the couple got there they had apparently changed the price of the wood in the Ad (didn’t know until later) and tricked me into paying more (totally my bad). In their messages and their ads they promised the wood was seasoned. After they stacked it they let me know to reach out if I have any issues. They left.
After I tried burning the wood I realized they sold me non seasoned wood- it doesn’t burn! I had a few neighbors check it out as well- it’s bad wood & needs to be seasoned for a year or so. Moisture content reading is between 30-50% on each piece (I have pics of this).
I reached out to them, and got blocked by the wife- husband has been messaging me back and forth. Lots of lies- says never promised wood was seasoned (have specific message from them saying it was), said they never changed price (have proof from FB marketplace saying listing was changed) etc. I told him I’d like a refund and for him to come pick up the wood.
He told me they will not refund me and to give the wood away to someone else they don’t want it back.
I have all their info and am going to sue them in small claims next week!
My legal questions are 1) can I give away the wood before the court date? I’m moving soon & need to get rid of it. I also have his message telling me he doesn’t want it, and to donate it to charity or give it away to someone. 2) how does small claims court work with witnesses. I have a few neighbors who probably can’t come to court but offered to write up a document saying they say the wood not burning it’s bad wood etc. 3) how do you recommend I show the videos and pictures of the wood to the judge? Laptop, iPhone?
Do you think there may be any loopholes in my case? I know I accepted delivery but they told me it was seasoned and assured me they’d take care of me if I had any issues.
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