Can a company legally keep my money and put a hold on the item thatI purchased ifI left negative feedback about it on-line?

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Can a company legally keep my money and put a hold on the item thatI purchased ifI left negative feedback about it on-line?

I ordered a couch on eBay through a company. They went way over the shipping time and have lied to us about it. They were upset that they recieved negative feedback and stopped taking our calls; they said they would not work with us. Then someone called saying they were supposedly the person’s brother. They told us that they put our product which was with the shipping company on hold. Further they said that unless we apologize we will not recieve our product or refund.

Asked on April 26, 2011 under General Practice, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, they *can't* do this. Even if you committed legal slander against them in the most heinous fashion imaginable, they does NOT give them the right to withhold the product and keep your money; as long you obeyed the terms of sale (e.g. you paid), they have to reciprocally honor their obligations. Certainly, if you publically made untrue factual statements about them that damage their reputation, they could possibly have a cause of action for defamation against you, but such cause, if it exists, is separate from their contractual obligations in regards to the sale; and if they feel they have a claim for defamation, they need to sue you (and prove it)--they can't unilaterally withhold your product and money. They are in breach, and you may sue them if necessary to enforce the agreement.


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