Legal Question in Consumer Law in Texas

Re: refund

Dear Reader:

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

Ordinarily, if you properly and timely rejected the delivery shipment, and/or properly repudiated acceptance, then it may be possible to reverse the sale and to recover your money from the seller if you can find him. It is an exacting process under a very complex set of laws known as the Uniform Commercial Code. After notifying the seller in strong language of the rejection, if he doesn't respond in a reasonable amount of time, then I think you are ok to sell, and that too is an exacting process.

There may be other reasons for the damage that you can pursue, for example, damage in shipping. Try that before doing anything rash.

As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.

Rod Kovel

Attorney at Law

516-312-9900