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Whats the law


Slipperydick
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So if someone were th buy this, then his dad wanted it back, how would you stand legally ?

should ebay pull the listing if the seller is not the owner ?


[url="http://www.ebay.co.uk/itm/CRATE-BASS-AMP-AMPLIFIER-BX100-AVERAGE-USED-CONDITION-SPARES-REPAIRS-/170694940642?pt=UK_MusicalInstr_Amplifiers_RL&hash=item27be3617e2"]http://www.ebay.co.uk/itm/CRATE-BASS-AMP-A...=item27be3617e2[/url]

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[quote name='stingrayPete1977' post='1376297' date='Sep 17 2011, 11:34 AM']I think your reading too much into it...............[/quote]

I agree. The ad clearly says it's "BEING SOLD FOR MY DAD AS SPARES OR REPAIRS".

I would guess there are millions of things sold on eBay on behalf of someone else who doesn't have an account or is not computer-savvy.

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A sells B's item to C.
It is between B and C to sort it out, A is guilty of possibly a few different things depending on what was nicked and how, B and C would have to come to an agreement to recover the goods to B's possession though.

And it's been in his possession long enough it would be considered his anyway so his dad wouldn't have a leg to stand on.

Edited by Ross
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To answer the OP, legally it is a minefield.

My brother sold a motorcycle of mine that was stored in my dad's shed.

The new owner then applied for a log book.

I was sent a letter saying that I would be fined for failure to notify change of address.

I said that I had not sold the bike and therefore it was technically stolen.

After a month of Police / DVLA and a really 'upset' brother :) it was sorted.

The police did not want to know as it was a family thing. Legally theft but no one would get prosecuted in reality.

Edited by Blademan_98
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Just curious really, when you buy something thats being sold for someone else, how do you know that they have the owners permission ?

For example. If you buy a car thats still on HP from a finance company, the finance company can reposess it from you.

If you buy a ringer, that doesnt really belong to the seller, the police will return it to the owner / owners insurance dompany.

OK this is a knackered crate, worth not a lot. But what if it was a 1962 Precision worth a lot /

Priciples the same surely.

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One way to find out would be to just e-mail the guy and ask who the owner is and wether he has permission to sell, may save all the legal hassles and at least you would have some sort of paperwork to say it was brought in good faith. I know that this is not an answer to the question of legality but its a start on the right path to understanding the ownership of an item

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[quote name='Slipperydick' timestamp='1316263491' post='1376395']
Just curious really, when you buy something thats being sold for someone else, how do you know that they have the owners permission ?

For example. If you buy a car thats still on HP from a finance company, the finance company can reposess it from you.

If you buy a ringer, that doesnt really belong to the seller, the police will return it to the owner / owners insurance dompany.

OK this is a knackered crate, worth not a lot. But what if it was a 1962 Precision worth a lot /

[b]Priciples the same surely.[/b]
[/quote]

You would have thought so. The reality is, as a private individual, you have less of a chance to get things sorted. An insurance company have expensive legal teams. The Police will only spend time on a case they can get a prosecution on. In my case, I involved the police because my brother is an a*se and we don't get on :)
The principle may well be the same, sadly, it is just a matter of how far the third party is will to take it.

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No point asking for confirmation (although it's not a bad thing for peace of mind) as it would (if dodgy) just be an assurance from a rogue and so worthless. If there is no permission to sell, then the dad could insist on it's return as the goods are his and son had no right to sell. It is theft in this case.
Youd still have received stolen goods albeit unknowingly and you'd have to make the son compensate you for your loss. Had a case just like this in my degree in law exam

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