Salt Lake City, UT asked in Criminal Law and Small Claims for Utah

Q: Person keeps product, credit card company refunds money

A person in another state buys a product from me he called me telling me it was damaged I asked him to take a photo and text it to me so I could help him with a replacement he refused then told me he wished he would have bought a cheaper one at Walmart and told me to send him a shipping label so he could send my stuff back, I explained to him that I wasn't going to pay shipping both ways for his mistake my product have been on the web for 30 years so it's not like he didn't know what he was ordering.

He kept the product and his credit card company did a chargeback for the money so now he has the product and the money is this legal?

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2 Lawyer Answers
Wesley Winsor
Wesley Winsor
PREMIUM
Answered
  • Saint George, UT
  • Licensed in Utah

A: No, this is illegal. He has breached his contract. The contract was made when he purchased the product. If you want recovery, you can sue in small claims for the price of the product and service fees. It may not be worth your time, but you have a cause of action.

Brent J Huff agrees with this answer

1 user found this answer helpful

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr.
PREMIUM
Answered
  • Criminal Law Lawyer
  • St. George, UT
  • Licensed in Utah

A: This is a contract question, not a criminal law question.

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