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?

Related Topics:
2 Lawyer Answers
Wesley Winsor
PREMIUM
Wesley Winsor
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

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

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.