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About David K. Staub
Expertise
I am a business and tax attorney and have spent more than 30 years assisting people with contracts in a wide variety of business situations. I can answer questions about basic contract issues. My experience includes almost all common contracts including employment agreements, contracts for the purchase and sale of a business, shareholder agreements, partnership agreements, LLC operating agreements, leases, software development agreements, distribution agreements, franchise agreements, joint venture agreements and software license agreements, to name a few. I can also direct people to sources for answers to specific legal questions which cannot be answered in a forum of this nature.

Experience

Experience in the area
I have been an Illinois business attorney for almost 30 years. I have an extensive practice in the mergers and acquisitions area and have been involved in the tax and legal issues on hundreds of business transactions.

Organizations
Illinois State Bar Association; Chicago Bar Association (former Chairman of the Corporation & Business Law Committee and former Chairman of the Mergers and Acquisitions Subcommittee; former Executive Committee member, Federal Tax Committee and Chairman of subcommittee on general tax issues); Glenkirk Foundation (Trustee; Vice-Chairman/Strategic Planning); Association for Corporate Growth, Chicago Chapter; Midwest Entrepreneur Forum; Midwest Association of Alpha Delta Phi - President

Publications
Commerce Magazine; YLS Journal; ISBA Section of Taxation Newsletter

Education/Credentials
Harvard Law School, J.D., 1977; University of Illinois, B.S. in Accounting, with highest honors, 1974

Website
Staub Anderson Green LLC
Chicago, Illinois
Mergers & Acquisitions

Illinois business attorneys

Practice Areas
Business Organizations
-Corporations

-LLCs
-Partnerships

-Joint ventures
Mergers & Acquisitions
-Buying/selling business
Securities Law
Tax Law
Technology Law
-Software licenses
-Development agreements

Trademarks

Disclaimer
Responses are intended to be informational only. No response is intended to constitute legal advice or create an attorney-client relationship. Online advice is not a substitute for consultation with an attorney.

 
   

You are here:  Experts > Business > Corporate Law > Small Business/Contracts Law > Items paid for but abandoned

Small Business/Contracts Law - Items paid for but abandoned


Expert: David K. Staub - 2/21/2009

Question
My husband owns a small business.  He was paid through Paypal for an item that the buyer indicated he wanted to pick up.  It has been six months and the buyer has just contacted him to pick it up.  My husband no longer has this product in his inventory and doesn't know what happened to it.  Does he owe the buyer a full refund?  Thank you.

Answer
Yes.  Your husband agreed to sell a product and now he cannot deliver it.  I see no reason that the buyer's delay in picking up what he purchased would excuse your husband from his obligation to deliver it.  In fact, if the buyer had to purchase the same item at a higher price from another seller, I think that your husband would likely be liable not only to give the buyer a full refund but also to pay the difference in the cost of the replacement.

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