Legal Question in Business Law in California

I purchased an art piece online and have already pay the seller in full. I have been waiting for the art piece to be shipped to me for a couple of weeks. We have arranged the art piece to be shipped to me sometime next week. However, the seller found somebody else who is willing to pay more and wants to just send me what I paid and I do not agree because I have paid for the art piece and I own that art piece.

My question is when I paid for the art piece in full, am I the legal owner of that art piece at that moment in time? Can the seller decide to cancel the deal even after I have paid him in full? If the seller resells my art piece, is the seller actually stealing from me if I do not agree to cancel this business transaction?

I have all the email correspondence regarding this business transaction from when I confirm the seller received my payment to when the date of shipment is confirmed.


Asked on 11/09/11, 12:41 pm

1 Answer from Attorneys

You have a contract whereby you agreed to buy something at a specific price. You then performed your side of the contract by paying the seller. The Seller is now under obligation to perform his side of the contract - ship you the art piece. The contract cannot be unilaterally voided or cancelled by the seller absent some very specific occurrences under the law. Getting a higher offer is not one of the those occurrences. If the seller sends you back the money and resells the piece, you have a legal cause of action against him for damages for breach of contract. You can also seek performance of the contract. The seller would have to make you whole and since art is so unique - he would have a hard time absent getting you the specific piece you already contracted for. The seller would be wise to perform on the contract with you and not resell to someone else.

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Answered on 11/09/11, 1:00 pm


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