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Old 05-23-2013, 01:06 AM
RickVieh RickVieh is offline
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Join Date: Mar 2013
Location: The Front Range
Posts: 65
Default Re: What would you do in this situation

The bottom line is this: when an offer is made and accepted, it creates a contract, and there was a contract here whether you like it or not. The seller then completed his acceptance of the contract by cashing the check - he received consideration. There must be an offer and an acceptance for a contract and there was. Whether you like it or not, whether you think the buyer is a a nice guy or not, there is not any reason for John to return said merchandise once an offer is accepted, paid for, and goods in receipt. Period. Yes, it's unfortunate that the seller sold something he didn't want to. BUT HE DID. The act of cashing the check ended the transaction because at that point the buyer owned the merchandise and was simply awaiting shipment of his new property. It would have been simpler for the seller to have said, prior to shipping, "I will return your money in lieu of shipping your cymbals"; that would have been one remedy, and John would have been the aggrieved party - but he'd have his money back, we assume. But the seller didn't do that - he shipped the cymbals and then apparently asked for a reset of the transaction because he decided it wasn't in his best interests - and that is immaterial. Whether anyone likes it or not, John has no obligation to do anything at this point, period.

I'm with John on this: I do a lot of transactions, in fact, I'm in a transactional business, and you never agree to anything that you aren't willing to carry through on no matter what it may cost you or what you find out after the handshake. Sometimes people just need to be reminded of the fact that, in the real world, this is how things work, regardless of how you may feel after you have an agreement.