Legal Question in Legal Ethics in Connecticut

Professional Responsibility

I sell software online, and use a third party to processes the credit card payments (such as paypal).

Last year, a customer purchased 2 of my products on different dates. After a few months, I received a chargeback, from the credit card company, for the 2nd product that was purchased.

The other day, the customer asked me to redeliver the 1st product he purchased -- there was no chargeback for this product.

I informed the customer that I cannot redeliver that product due to his prior chargeback. He basically has an outstanding balance because of the chargeback.

I am obligated, under law, to redeliver the 1st product?


Asked on 3/09/08, 8:39 am

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Re: Professional Responsibility

If the contract for sale and purcahse of two products was one, then in that case, you can claim reimbursement of outstanding before performing the obligation of redlivering the product.

If the contract for sale and purcahse of both products was different, then there is concluded contract of sale and purcahse of first product, so your under obligation, if the contract provides, to redeliver the product.

This advise, shall not be construed final, It may vary, after going through the papers.

THIS ADVISE DOES NOT CREATE ANY LEGAL RELATIONSHIP.

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Answered on 3/09/08, 1:14 pm


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