If my husbad has a receipt and has already paid for an item, is it theft if the company won’t deliver the product?

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If my husbad has a receipt and has already paid for an item, is it theft if the company won’t deliver the product?

My husband purchased a product from an online retail for $6. They took the money from his account, and sent him a receipt of his purchase. A few days later, when my husband noticed the product still hadn’t been shipped, he called the company. They told him that the part actually retailed for $2600 and he either had to pay the difference, or accept a refund. My husband explained he didn’t want the refund, that he simply wanted the product he already paid for. After that call, they deleted his order history from their website. Luckily, he kept his email verification and his receipt. Today when he called again, they tried to tell him that the product was sold out but their websites now lists it as $2600 and “in stock.” This is clearly and example of bait advertising, but I was wondering if it would be theft as well? They took his money and gave him a receipt. Does he not own the item they are trying to sell to someone else?

Asked on August 2, 2012 under General Practice, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Just because a company through its representative will not deliver a paid for item does not in and of itself make the failure to deliver "theft" under the eyes of the law. "Theft" occurs at the moment the transaction happens and depends if there was any intent at the time the sale went through of no intent to deliver.

From what you have written, your husband is entitled to performance in a timely fashion. I suggest that he may wish to consult with a consumer law attorney further as to see what his legal recourse may be about the matter you are writing about.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Just because a company through its representative will not deliver a paid for item does not in and of itself make the failure to deliver "theft" under the eyes of the law. "Theft" occurs at the moment the transaction happens and depends if there was any intent at the time the sale went through of no intent to deliver.

From what you have written, your husband is entitled to performance in a timely fashion. I suggest that he may wish to consult with a consumer law attorney further as to see what his legal recourse may be about the matter you are writing about.


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