Is it legal to not make a refundto acustomer if the seller has not sent the goods to the buyer?

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Is it legal to not make a refundto acustomer if the seller has not sent the goods to the buyer?

I’ve paid for the service of buying and sending the vehicle from US to another country to the company AGA Export. Payment was made by wire transfer from my personal account and I’ve got the payment order. Now AGA Export refuses to send the vehicle because they say that invoice according to which I’ve made the payment, is not issued by them. I’ve asked them to refund the transaction if they were unable to send the vehicle but they refused to send my money back.

Asked on February 11, 2012 under Business Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

IF the company received the payment from you, they have to either provide the goods you purchased or return your money--there are no exceptions. The law does not permit them to keep the money without providing what they agreed to provide.

However, if the money was not in fact ever received by them, they clearly do not have to return it; so if it was intercepted or stolen or misrouted, etc., they are not responsible, with the following exception--

If it was their employee, they would be responsible for his or her stealing money in the course of his or her employment (they'd have to return your money, but then could sue him or her to recover their outlay).

From what you write, this may be a factual dispute--it appears that the company is disputing that it received or acknowledged receipt of the money.

Clearly, if you believe that they did receive the money, you could sue them and try to prove that and receive a judgment in your favor.


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