Question from a reader:
I purchased a liquid crystal television for 15,000 yen on Yahoo Auctions, but it broke within two days. The product description stated “as is with no warranty,” and the seller had poor ratings, raising doubts about the credibility of the defect. When I suggested legal action to the seller, a mail carrier came multiple times the next
day, but I was not home to receive it. Is this a lawsuit? Is it easy to initiate a small claims lawsuit for an amount like 15,000 yen?

Troubles on Yahoo Auctions: Legal Perspectives Learned from Buying a Liquid Crystal Television

Recently, I received a consultation from a friend. He bought a liquid crystal television for 15,000 yen on Yahoo Auctions, but it broke just two days after it arrived. Moreover, the seller had poor ratings and the product was sold “as is” with no warranty. So, how should one handle such a situation? And what is the true intention behind his suggestion of “legal action”?

Points to Consider When Purchasing and the Meaning of “As Is”

First of all, when purchasing items on Yahoo Auctions, especially used goods or items where the condition is not clearly stated, caution is necessary. The phrase “as is with no warranty” implies that the seller bears no responsibility for the product. In other words, the buyer is expected to accept the condition of the item at the time of receipt. In my friend’s case, it can be said that seeking a warranty from the seller after the product broke would be difficult. This is a type of contract where the buyer assumes the risk, and legally, the terms of “as is” tend to take precedence.

The Seller’s Ratings and Credibility

It is important to note that the seller has poor ratings. In online auctions, the seller’s ratings serve as a basis for trust. If my friend had checked the seller’s ratings before making the purchase, he might have reduced his risk to some extent. Particularly, it is advisable to avoid purchasing from sellers who have had past troubles. Low ratings indicate that other buyers may have experienced similar issues. It is crucial to use such information to inform future purchasing decisions.

The True Intention Behind the Legal Action Proposal and the Mystery of the Mail Carrier

My friend suggested legal action to the seller, which is a somewhat surprising move. Proposing a lawsuit indicates an intention to take some legal measures against the other party. However, realistically, initiating a lawsuit requires time and costs, so it is not something to be taken lightly. Additionally, it is concerning that the mail carrier visited multiple times the next day. Perhaps that mail could be a lawsuit, or conversely, it could be a “warning letter” directed at my friend. Legally, if a lawsuit is mailed, the process may continue even if the recipient refuses to accept it, so careful handling is necessary in this case. If it is indeed a lawsuit, ignoring it is not an option.

The Reality and Process of Small Claims Lawsuits

So, can a small claims lawsuit be easily initiated for an amount like 15,000 yen? Small claims lawsuits are legal procedures used for relatively small amounts in dispute. In Japan, small claims lawsuits can be utilized when the disputed amount is typically 600,000 yen or less, so 15,000 yen is certainly eligible. The characteristics of small claims lawsuits are “speed” and “simplicity.” Compared to regular civil lawsuits, the preparation of the complaint and procedures are simplified. Typically, a conclusion is reached in one hearing after filing with the court. Therefore, if my friend is serious about resolving this issue, considering a small claims lawsuit could be one option. However, before initiating a small claims lawsuit, it is essential to gather solid evidence. Photos of the broken product and records of communication with the seller will be useful. Furthermore, submitting a complaint to the seller based on the Act Against Unjustifiable Premiums and Misleading Representations could also be considered.

Conclusion: A Calm Judgment is Required

Ultimately, the problem my friend is facing requires both legal knowledge and a calm judgment. While transactions on online auctions are convenient, they also carry a high risk of troubles. It is crucial to conduct thorough research in advance and purchase from reliable sellers. Moreover, if a problem arises, it is important to follow the appropriate procedures. By not being swayed by emotions and acting based on the law, one can achieve the best possible outcome. I want to provide my friend with solid advice, but in reality, there are many things that can only be learned through personal experience. Finally, everyone should exercise caution when making purchases. Especially online transactions can lead to unexpected troubles. Enjoy your shopping life!