What recourse do I have if a vendor has not delivered goods?

UPDATED: Jul 28, 2011

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What recourse do I have if a vendor has not delivered goods?

I made a purchase with my ATM card through a social network. The company offerering the deal has been ordered to cease and desist. How do I recoup my money?

Asked on July 28, 2011 California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A vendor may not take your money without providing the agreed-upon goods. In a case like this, they would have to offer you your money back on at least one of the following two theories:

1) They breached their agreement, but not providing the goods, so they have to return your consideration (the payment); or

2) If they have been ordered to "cease and desist," then it is illegal and/or impossible for them to honor their contract--and when a contract is illegal or impossible, it is void and the parties have their consideration returned to them.

Unfortunately, if they don't return the  money voluntarily, you will likely have to sue them to obtain it, which may not be economically worth it.

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