Legal Question in Consumer Law in New York

Exchange of goods; not followed up

Someone I met over the internet (in New York) agreed to do a trade with me. Two of my valuable guitars for one of his. I have sent him one guitar and agreed to send the other once I received his.

He has yet to follow up on his end of the deal. I have email documentation that explains our agreement and I also have documentation from him stating that he has sent the item.

Do I have a legal leg to stand on or am I out an expensive guitar?


Asked on 6/15/01, 8:06 am

1 Answer from Attorneys
Garry Hanlon

Re: Exchange of goods; not followed up

Both. You have a right to sue. You have

a right to demand the delivery conditioned

upon the surrender of the second guitar, or

to have the fair market value of the item

delivered returned. This lawsuit would

have to be brought in the jurisdiction

where the other party lives. And if he

is as slimy as he sounds, he is probably

judgment proof and your guitar is long gone

The judgment the court would award would

not be collectible unless you know where he

works, or what other assets he has

And it is dischargeable in bankruptcy

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Answered on 6/28/01, 10:01 pm


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