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Posted: Mon Jan 25, 2010 10:47 am Post subject: possible legal problems... |
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not sure on how much you know about the law in regards to selling things but i am kind of looking for some input here from a third party.
let me give some backgound. About almost 2 years ago a guy my brother works with ordered a flywheel for his car from a popular/expensive brand. he had it shipped to where they work so he could sign for it. when delivered the delivery guy gave him 5-6 other products from this company. obvioulsy a shipping error in his favor. he called the company and told them their mistake because this stuff was worth 2-3 thousand. they told him that they would have a delivery driver come and pick this stuff up and take care of it. months past and nothing happened. they guy quit/fired and left all that stuff sitting. a month or so later my brother took it home looking to profit from it. he never got around to selling any of it and moved out of our parents house. i then saw this stuff and wanted to profit from it. i waited almost a year for my brother to claim this stuff (i never said anything outright to remind him!)
anyways, a couple of months ago (end of september) i sell a clutch that was part of this shipping error on ebay. the buyer said he was from salem and said he could drive up and pick it up to save on shipping costs. everything went smooth i got my money he got the clutch. today i recieved an email from him saying that his mechanic said that the clutch has a manufacturers defect in it. i didnt notice any when i inspected it. he then asked if i still have the receipt or invoice number. obviously i dont, and i dont know what to tell him. i am kinda wondering if he has any legal ground to sue or try to collect his money back. the only info he has on me is my email/ebay contact info and my first name.
what is your opinion? should i be worried? also the selling amount was $500.00 if that makes a difference. |
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Posted: Mon Jan 25, 2010 5:22 pm Post subject: |
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Forget where the parts came from for a moment, let's just deal with the ebay transaction. The buyer has a time limit to be able to get a refund, either by agreement with you or whatever is customary for ebay sales. If the buyer is within the time limit then be a good seller and take back the part and give a full refund. You certainly would be very steamed if somebody sent you defective parts. Just make sure you feel comfortable that you had a clean transaction.
Now, the question still exists whether or not the parts are stolen or abandoned? They are most certainly stolen. Even if the parts were abandoned by the merchant (which I don't believe for a minute) then the parts belong to the business because the parts were delivered there during working hours. And if that's not enough, when the fired employee left the parts behind after walking away from the job the parts again became property of the business. The problem I'm concerned about is that your brother stole property from the business he works at and likely will be fired from his job if he is discovered. Never mind the fact that you're sneaking around pinching goods from your own brother. My suggestion is to leave the parts alone for your brother to deal with.
QwkBert
Edit: Sorry for the multiple fixes to this reply. I was watching Top Gear and writting this quickly during commercials. ![Thumbs up](images/smiles/icon_thumbsup.gif) |
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