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John
John, Attorney
Category: Business Law
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Experience:  Licensed and practicing attorney helping businesses achieve their legal and practical goals.
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Hello, I recently purchased an expensive piece of equipment

Resolved Question:

Hello,
I recently purchased an expensive piece of equipment on astromart.com; basically the website is an ebay for telescope equipment. The item cost about $8850. I sent a cashiers check to the individual, which he has confirmed by email that he has received. He sent an email back to me telling me that he is not sure he wants to let go of the telescope until he is certain that a scope he is planning to buy from a friend is in working order. The repair of the other telescope will take an indefinite amount of time. He's telling me that I either have to wait for the repair of the other scope or he will send me the check back.

My question is, do I legally own the telescope now that he has the check? Is there any law that would require him to send me the telescope?
Submitted: 1 year ago.
Category: Business Law
Expert:  John replied 1 year ago.

EmplmntLaw1 :

Hi, thanks for submitting your question today. You indeed have an enforceable contract with this seller - the telescope is lawfully yours. The issue you have is one of possession - you need a court to order him to give you possession of the item. The issue in online sales is that the parties most often do not even live in the same state, so it leaves the parties without access to a court or any enforcing agency. To remedy your matter you would need to file a breach of contract lawsuit in a court in the seller's location and venue. So, as you can imagine, while you have remedy, it is very difficult for most parties to travel to the others state for the purpose of filing a lawsuit and handling whatever court hearings and the like. Your best bet in this situation may be to work with the particular website's dispute resolution procedure. If that is not successful, then you'll have to decide what is practical for you - whether you will fight in court for the item or whether you'll let the matter go and take back your fund.

EmplmntLaw1 :

Let me know if you have any follow-up questions or concerns...I'm happy to answer until you are completely satisfied.

Customer:

Just to make sure, you are certain that the check does not have to be cashed before I legally own it. Thanks

EmplmntLaw1 :

It does not have to be cashed first. If he could somehow claim that he knew the check was not good (for example you emailed him and said "don't cash the check I just realized my bank funds are short'), it might be a different story. But you have him a cashier's check which is certainly good. In short you completed your part of the transaction; he cannot rescind the sale now.

Customer:

Thank you sir, have a good one.

John, Attorney
Category: Business Law
Satisfied Customers: 2721
Experience: Licensed and practicing attorney helping businesses achieve their legal and practical goals.
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