legally do i have the right

[sasquatch]

How long does one have to hold on to someone’s property before it becomes yours? Back around 2/2/10 I had a several thousand dollars evike.com purchase. The items were bought under my name and every one paid me there money upfront. I went through with the order and after getting the items every one came buy and picked there items up, except for one individual (will not say names) that decided I guess that he wasn’t. What I mean by decided not to get his stuff I mean he never called me, texted me or came by. I on the other hand repeatedly (9+ times) called him and texted him I have all the date written down showing this) to come and pick his stuff up or I would be getting rid of it. I also talked to some of his friends and informed them of the situation and told them to have him call me. When he failed to do so after 3 months I sold the stuff (Gun bag, bb’s, 2x M4 mags, and sling). I sold the stuff in on 5/21/10.
Now the guy wants his money back after all this time, and I want to know if I legally am in a standing to say no. I look at it as a luring opportunity either way.

[Darius137]

How long does one have to hold on to someone’s property before it becomes yours? Back around 2/2/10 I had a several thousand dollars evike.com purchase. The items were bought under my name and every one paid me there money upfront. I went through with the order and after getting the items every one came buy and picked there items up, except for one individual (will not say names) that decided I guess that he wasn’t. What I mean by decided not to get his stuff I mean he never called me, texted me or came by. I on the other hand repeatedly (9+ times) called him and texted him I have all the date written down showing this) to come and pick his stuff up or I would be getting rid of it. I also talked to some of his friends and informed them of the situation and told them to have him call me. When he failed to do so after 3 months I sold the stuff (Gun bag, bb’s, 2x M4 mags, and sling). I sold the stuff in on 5/21/10.
Now the guy wants his money back after all this time, and I want to know if I legally am in a standing to say no. I look at it as a luring opportunity either way.

I would pay him what you made off of his purchases. He did pay you for it, right?

I wouldn't lose money on the deal though if you had to sell it at a loss.

If he paid you $40 for gear, and you got the gear, and he never picked it up, then you sold it for $30, give him at least $30.

[Darius137]

And legally it's really hard to prove something like this.

[Jose]

If he pay you for the items, the right thing to do would be, refound the money or items, all we can do is give you advice but at the end the desition is yours to make.

[Dalb]

Legally, I don't think so, but I'm not a lawyer or a cop so don't ask me. Ethically, no, he paid you.

[sasquatch]

The total price when things were done was $168 for shipping and what not included. I sold off everything at 65$.

[Falcon7]

My dad's an attorney, I will ask him when he gets home.

[~Thunder~]

Dude, you easily owe him the money. You're not disputing that he paid you for items he didn't receive (for whatever reason, doesn't matter). A judge would say "Sooo, why not give him his money back? It's not like you're out anything"

Aside from the legal question, morally you owe him cash. Maybe he was in the hospital, maybe he's just a flake...who cares? If you think the guy's a douche just don't swing any group-discount-giant-orders his way again.

[Merchant]

I think you owe him what you got for the stuff, minus shipping. If someone is that much of a flake then it's their own fault. I know it isn't the "moral high ground" but 3 months? and he didn't contact you? It's kind of his own fault, he need to learn to be his own advocate and be punctual. That kind of laziness shouldn't be rewarded.

[sasquatch]

Oh trust me he hasn’t and want be a part of any other transactions. So the question is what would be an appropriate price. Morally I feel that he should have gotten back to me sooner. His reasoning for being absent from any form of contact was that he was grounded and his parents were not aware of him doing this, even though he said they were. It should never take this long for one to get back to you, even more so when it involves money.

[Falcon7]

If he really wants his money back and you don't want to give it to him then he would have to take you to small claims court. From their it depends on whether you contacted him letting him know you were going to sell the stuff if he didn't pick it up, and whether he had a legitimate excuse for not picking it up. (sounds like he didn't) I would just give him the $65, personally.

[Falcon7]

Take it to Judge Judy.

Yeah there's no specific law on this, so it would be up to a judge.

[lilwil]

3 months? keep the money as a holding fee. you dont get the money when a storage company sells your shit do you? no.

[Pacman]

3 months? keep the money as a holding fee. you dont get the money when a storage company sells your shit do you? no.

They also do the legal paperwork to facilitate that, I wouldn't take this advice

[ogrejager]

Wait. Am I reading this correctly? The guy paid you $168, you ordered the stuff, he was slow in coming by to pick it up, so you sold it--AFTER HE'D PAID YOU--for $68, and now you want us to tell you that you're justified in that?

Um. No. Give the guy his money back, say "sorry," and go on with your life.

Seriously, don't be a tool. He gave you the money. I don't care how long it took--that was his stuff. You agreed to order it and give it to him. It's too bad it took so long, but HE PAID FOR IT--IT'S HIS STUFF.

I admit, I might be confused on this as you misuse "thier,' "thier," and "there" a lot, but if I understand what you're saying...what I said above. Damn, kid, be a person.