Who owns the product?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Who owns the product?

We are a small business and wish to gain clarification on who now owns the purchased product. Approximately 1 year ago, a customer purchased a product and through the merchant bank system gained his money back whilst still having the product in his possession. We, the merchant facility took our bank to the FOS to disputed the refund. We won, and the bank returned the funds back into our account. However, the customer still has his original refund of the product and the product in their possession. I do not want any further financial gain from this dispute but do not want the customer to feel they can get away with receiving a refund on inaccurate grounds whilst still holding the product itself. i.e. giving the customer a financial gain. Do we, the bank or the customer own the product?

Asked on August 14, 2017 under Business Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If they were granted a refund, the product belongs to you: the law does not allow them to be unjustly or unfairly enriched by keeping the money and the product both. (They can have one or the other, not both.) You could bring a lawsuit based on "unjust enrichment" to regain the product, but bear mind that you'd have to sue--incur the time, cost, effort and possibly negative publicity of suing a former customer--if they won't voluntarily return it. It is not likely to be worthwhile to do this.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption