Milton, NH asked in Contracts, Consumer Law and Criminal Law for Maine

Q: If I buy something is it legal for previous owner to sell it to someone else after I have paid them?

2 Lawyer Answers
Fred Bopp III
Fred Bopp III
Answered
  • Consumer Law Lawyer
  • Yarmouth, ME
  • Licensed in Maine

A: Your question does not contain sufficient facts to provide a complete answer. That said, it sounds like the seller may have breached his or her contract with you and you would be entitled, at least, to a refund of what you paid to the seller. In a conventional breach of contract situation, the most frequent type of remedy is monetary damages, which is otherwise known as restitution. Whether you could obtain other monetary damages or relief beyond that (such as attorney fees, for example) is unclear. In terms of other potential claims or relief, you would likely not have a viable claim for specific performance (in such a situation, a court would compel the seller to sell the item to you instead of the other buyer), which is an equitable remedy, unless the goods you were buying are rare or unique, monetary damages are somehow inadequate to fix the harm, and/or other proper circumstances exist.

Fred Bopp III
Fred Bopp III
Answered
  • Consumer Law Lawyer
  • Yarmouth, ME
  • Licensed in Maine

A: To clarify, my answer addresses only potential civil remedies, not whether the seller's conduct may subject her or him to potential criminal liability.

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.