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When does ownership change hands?

Started by cousin itt,

36 posts in this topic

cousin itt

cousin itt

Posted
Posted

Let's say person A puts a book for for sale with a BIN of $250. Person B sees the book shortly after it is listed and buys it immediately, and pays immediately. Person A fears $250 was too low a price for the book, so, after doing some digging, discovers the book was probably worth more than that, so he cancels the sale and refunds the buyers money, making up an excuse that the book was missing the centerfold when it wasn't. So, who is the legal owner of that book? If a seller cancels a transaction after payment has already been made for his asking price, is it still his book?

 

 

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cousin itt

cousin itt

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It's possible, but I can't be 100% sure. But, either way, I'd like to hear people's opinions. I would think as soon as the buyer pays the seller's asking price, it belongs to the buyer. But, who knows, maybe there's case law or something saying otherwise.

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wombat

wombat

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Posted

I'm clearly no lawyer. But in my head this makes sense to me. I always put the responsibility of getting the book to me on the seller. Any damage and its the seller's book. Book goes missing and it's the seller's book. So following through with that until it gets to me it is the seller's book. On the practical side what can you do. You paid, the seller says the book was damaged, destroyed, lost. Now what can you really do. Demand the book and then get a rag?

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cousin itt

cousin itt

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You are. And, no, it wasn't. I'm not naming names simply because I can't PROVE that the seller wasn't telling the truth in this situation. If he is telling the truth, then I am happy with the cancellation. So it's really just a hypothetical question.

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cousin itt

cousin itt

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Unfortunately, as long as the seller is willing to take the feedback hit they can do whatever they want until the book is actually shipped out to you.

 

But, there was no negative feedback left because the reason gave for cancellation seemed legit at the time. So, the seller gets off with no penalty. (This was 11 months ago, and now that seller is naru'd.)

 

 

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kav

kav

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Legally an offer plus acceptance equals contract. Buyer owns the book.

 

You a lawyer, bro?

lol

Well I'm not a physicist but I know if you drop a rock it will fall. Some things you don't have to be an expert to know.

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Buzzetta

Buzzetta

Posted
Posted
Legally an offer plus acceptance equals contract. Buyer owns the book.

 

You a lawyer, bro?

lol

Well I'm not a physicist but I know if you drop a rock it will fall. Some things you don't have to be an expert to know.

 

That may work for your 'rock' example. However that does not work with your legal advice. Leave that to the people that are actually qualified to comment on that.

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kav

kav

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lol. Apples and oranges. But just messin, tho, bro.

Yup me too

lol

Everyone knows not to take legal advice from Kav by now

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KPR Comics

KPR Comics

Posted
Posted
Legally an offer plus acceptance equals contract. Buyer owns the book.

 

You a lawyer, bro?

lol

Well I'm not a physicist but I know if you drop a rock it will fall. Some things you don't have to be an expert to know.

 

That may work for your 'rock' example. However that does not work with your legal advice. Leave that to the people that are actually qualified to comment on that.

Exactly.

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