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by sandworm101
2961 days ago
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No. It has to be things that someone can clearly possess, something movable. The seller also has to be someone authorized to possess the thing and deals with such things regularly. The standard scenario: You take your guitar to a music store to be fixed. Some evil sale guy at the store instead deliberately sells your guitar. Your issue is now with the store. You cannot go after the guy who bought and is how holding "your" guitar. It isn't yours anymore. You have to sue the store for money and the store is free to try and buy the guitar back. |
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Thus, in pretty much every state in the US, you go to the police, and they take the guitar back, and the buyer has to go back to the store and get refunded.
EDIT: The following provision is why the guitar guy never gets ownership. (From California's Commercial Code, but most states have made the same change to the UCC text in redefining what "entrusting" means):
3) “Entrusting” includes any delivery and any acquiescence in retention of possession for the purpose of sale, obtaining offers to purchase, locating a buyer, or the like; regardless of any condition expressed between the parties to the delivery or acquiescence and regardless of whether the procurement of the entrusting or the possessor's disposition of the goods have been such as to be larcenous under the criminal law.