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Old Jun 17, 2014, 09:15 PM
Stop scaring my donkey!
JohnathanSwift's Avatar
Greenland
Joined Mar 2012
8,688 Posts
Trader Rating: 23
Yes, that is the ucc position, coupled with the common law. This is fully consistent with my post, above. The key is that though a mistake, the transaction is not unsolicited so the FTC rule does not displace state or common law.

I'm giving you my opinion based on my education and forty years experience.

Sum: if our dear seller does nothing, he has abandoned the goods to the hoser.

Were it me, I'd contact the da in hosers home county.

It may be larceny and California law provides for restitution. Also, California may have a crime victims fund, and once the seller is paid, the state will pursue the hoser.
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Old Jun 20, 2014, 08:16 AM
Harold
bigfoot3387's Avatar
United States, OK, Davis
Joined Feb 2010
132 Posts
Trader Rating: 6
if sent item was not what i paid for, and was a error, and im required by law or not to send it back, thats fine, any day, ill send it back,
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Old Jun 20, 2014, 08:28 AM
Stop scaring my donkey!
JohnathanSwift's Avatar
Greenland
Joined Mar 2012
8,688 Posts
Trader Rating: 23
Ony if the seller arranges and pays for it in a reasonable time.
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Old Jun 20, 2014, 10:28 AM
Registered User
United States, NY, Lewiston
Joined Apr 2011
323 Posts
Trader Rating: 2
Jonathan has it right: If somebody you have never dealt with sends you merchandise through the mail, just out of the blue, then you are not in any way obligated by law to do anything about it. You don't have to pay, you don't have to contact the sender, you can keep the stuff, sell it, or throw it away without any repercussions. It's awfully nice of you if you return it, but even if the sender asks you to AND arranges for the shipping, you don't have to.
However, if you are negotiating with a seller to purchase goods and he accidentally sends you the wrong item, the legal obligations of the recipient and rights of the sender are COMPLETELY different. The reason for the difference is simple: in the first situation, there was never a CONTRACT between the sender and the recipient. In the second situation, there is, and contract laws apply to both the buyer and the seller. The LAW says that the recipient must keep the goods for a reasonable time and allow the sender to arrange for the return of the item. Re-selling the items is UNQUESTIONABLY theft by conversion, and is clearly illegal. (as well as completely immoral and dishonest and shameful) The recipient of these cameras is violating state and federal laws, is a thief, and can (and should) be legally convicted. Report the scumbag!
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