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Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Normally title to the goods will pass on delivery. Delivery can mean a number of things, it can mean simply when the buyer has paid for the goods and seller has made them available for collection or has physically transferred them to the buyer. Ultimately if you have paid for something that you do not then receive because the seller has disposed of it without notice, you could sue the seller to recover the monies paid. Unfortunately you would be unlikely to trace the goods and get them back from the third party that bought them, unless you could prove the third party knew the goods belonged to you. Did you sign any terms and conditions with the seller? Kind regards AJ
Hi, Thank you. Good title can pass to a third party, as long as the third party is a "an arms length purchaser and a bona fide purchaser paying a proper value". Essentially the third party can acquire good title as long as they were not reasonable aware that the jeweler did not have good title to sell the goods. In relation to the sale itself, the only way that the Jeweler could have retained title is if they specifically said that title does not pass until delivery and delivery is based on physical possession. Based on what you have stated and assuming there are no other terms and conditions to the contrary, the jeweler should not have sold goods that the buyer already paid for in full. Kind regards AJ
Thank you. ***** can assist any further please let me know. In the mean time I would be most grateful if you would rate my answer? Kind regards AJ