Is a contract made void on a refund?

m5rcc

Dont know where the correct forum to post this but Im sure someone could point me in the right direction:

Hypothetical question:

A bought an item from B for x. At the time of listing, B had the item complete with its accessories. At the time of sale, B had one item missing but informed A this was the case.

B told A that the accessory can be replaced but he had to wait or he B can offer A a full refund.

Time went by (say a week) and the accessory has not arrived to B to give to A.

If B has offered a full refund to A as it has taken a long time to get the accessory, is the contract made void? What rights does the seller and buyer have?

Tixy

If this is an ebay scenario you might be better off asking on the MSE ebay board. http://forums.moneysavingexpert.com/forumdisplay.html?f=40
If its not ebay then perhaps ask on the MSE consumer rights board.

goRt

If a full refund is given there then no "consideration" will have taken place.

m5rcc

goRt wrote: »

If a full refund is given there then no "consideration" will have taken place.

Sorry what does that mean in English. Does that mean the buyer has theorectically no rights to claim anything?

fermi

Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere(please see this rule) so this post/thread has been moved to another board, where it should get more replies. If you have any questions about this policy please email [EMAIL="abuse@moneysavingexpert.com"]abuse@moneysavingexpert.com[/EMAIL].

m5rcc

fermi wrote: »

Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere(please see this rule) so this post/thread has been moved to another board, where it should get more replies. If you have any questions about this policy please email [EMAIL="abuse@moneysavingexpert.com"]abuse@moneysavingexpert.com[/EMAIL].

Moved it where?

dmg24

For what reason do you wish to know the answer to this 'hypothetical' question?

As a refund has only been offered, the contract has still to be fulfilled. If a refund is agreed, then the contract is rescinded and there is no longer any obligation between the two parties.

m5rcc

An immenent problem that could occur.

What if the refund has already been made and completed?

gemstars

I think you might get more useful advice if you give more detail and explain the situation.

Amistoso_2

All a bit cryptic this is it not? or is it just me that thinks so?!?

m5rcc

Not cyptic at all...I think the first post puts it clear enough.If a seller did not have a full item to sell and gave an option to the buyer to either wait for it to turn up or a full refund, has the seller made best efforts to rectify the problem?

If the seller makes a full refund, is the contract void?

What the "consumer rights" of the seller?