Confusing exchange

Anastacio

Banned
Feb 22, 2010
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You buy something from someone, they exchange the product with you. There is no receipt or paperwork of any sort. The seller wants the product back without returning your money, where do you stand?

Possibly the seller still has the receipt of original sale.
 

DR_Guy

Bronze
Feb 17, 2010
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I am not a lawyer, but I ran into this once. In the US, the Uniform Commercial Code exists for this very reason. It works well and you are protected when you buy a stick of gum at the store. No receipt and you take ownership of the gum when the Seller accepts the money. The owner can not ask for it back. As for the DR goes, I have no idea. But you clearly go to the Colamdo and fork over 50 pesos for a fria. Once you take position of the beer, I doubt you would have to give it back if they changed their mind and wanted to sell it to someone else. The more expensive the item, probably the more complicated the issue. So it depends on what you are talking about.
 

Anastacio

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Feb 22, 2010
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"possession is 9/10th of the law". if you have it don't give it back.

This is where I would have stood on the matter, I think they intend to say I have not paid for the item and so they want it back. This is utterly untrue, but again, I am slightly lost as to what I could expect to land at my door, after all, it is not a country where the law has a clear and present definition.
 

Expat13

Silver
Jun 7, 2008
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This is where I would have stood on the matter, I think they intend to say I have not paid for the item and so they want it back. This is utterly untrue, but again, I am slightly lost as to what I could expect to land at my door, after all, it is not a country where the law has a clear and present definition.

Yes you are correct the law here is very unclear. That said, many of the ladrons here feed on the weak and vulnerable. Get mad tell them your not playing this game! and offer to take it to the police, usually they will dissapear
 

Ken

Platinum
Jan 1, 2002
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This should be posted in the legal section, not in general stuff.

Here you get opinions, in legal you get a reply from a highly respected Dominican lawyer.

Repost your question in the legal section.
 
Last edited by a moderator:

Berzin

Banned
Nov 17, 2004
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I suggest the OP provide more details, like what is the object in question that is at the heart of the disagreement.

And whether or not the purchase was made at a retail store or if it was an informal exchange between two consenting adults.

I imagine that the person must be trying to pull a fast one if they think they can brazenly demand the item back without returning the money to the OP, but this is the DR we're talking about.

The machismo sense of entitlement is something that may not be covered by Dominican law.
 

donP

Newbie
Dec 14, 2008
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Cunning Deal

You buy something from someone, they exchange the product with you. There is no receipt or paperwork of any sort. The seller wants the product back without returning your money, where do you stand?
Possibly the seller still has the receipt of original sale.

Seller may say you stole the item.
Produces original receipt to the fiscal, brings witnesses...
Seller is Dominican, "buyer" is gringo...
Good luck. :tired:

donP
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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www.drlawyer.com
There is an agreement on the object and price of sale. The object has been delivered and the price has been paid. The sale is done and final.

(cf. Articles 1582 and 1583 of the Civil Code)