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Sale online, refusing to give back?

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debbiewilliams

Junior Member
What is the name of your state (only U.S. law)? New York.

Hello There,
I recently sold a lets say a 'virtual online product' to the buyer - upon the buyer being happy with the product he will send me money. The sale never worked out, and we mutually agreed to cancel the auction (even informing the site where we purchased the product from that we mutually agreed to cancel it).

Unfortunately, the buyer now has the product, but the sale didn't work out. He is refusing to return the online product however, and says I am required to pay a $5 fee for his 'time' in contacting me. I never agreed to this. He is refusing to return the product and he is no longer the legal owner.

Is there any legal advice you can give me in regards to this? Any laws/legalities?

Thank you!
 


adjusterjack

Senior Member
You don't need any "laws" to refer to. You have a contract. Oral contracts are enforceable and I'm guessing you have some evidentiary record of communications regarding the agreement. He's breaching it, your recourse is to sue him, which you will have to do where he lives. That could be quite costly and inconvenient.

If all it takes is $5 to get your product back I suggest you pay it or forget about it.

In the future don't sell stuff on approval, get your money up front.
 

Zigner

Senior Member, Non-Attorney
I suspect that it's against the terms of service for whatever game you are playing to sell this "virtual online product" in such a manner...
 

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