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.
Let me know if you have any follow-up questions or concerns...I'm happy to answer until you are completely satisfied.
Just to make sure, you are certain that the check does not have to be cashed before I legally own it. Thanks
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.
Thank you sir, have a good one.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).