@steveknowsbest
Interesting story. The one part where I lost you is "I said lets discuss it with a rov, but it was too late, he sold it already".
Why is that too late? He has/had $600 cash in hand instead of $600 computer. What changed? I'm no rabbi, but I'm curious to know what halachik status changed when he sold the computer. . .?
i wanted the computer at the cheap price, my argument was that the computer was mine, i did mention that he is a friend so once he had sold it already i didn't pursue it to the point of demanding his profit.
once i got the $600 amex credit i spoke to a rav about all sheilos. here is the answer i was given
1) who owned the computers? this depends on whether our implicit deal was that i was buying it for myself and reselling it to him or if i was lending him money to buy it himself on my credit card, since it was unclear the general method of dealing with such a shaila is to make a monetary compromise between the two parties (this didn't happen because i never brought him to a rav and i chose to let it slide)
2) if they were mine what is the halacha in regard to the profit he made (assuming it can't be retrieved) i didn't ask this question at the end because it was moot
3)if the computers were his is there any reason i should give him the $50 statement credit i got for the supposed lost order?no, i got the statement credit as a courtesy which has nothing to do with the computers
4)if i keep the $600 is that Genaivas Akum or Taus Akum? Taus because i told them the truth and the mistake was on the part of Dell when they didn't follow through or Amex for not pursuing the matter properly
5)If it is Taus Akum who gets the money? me! once again it isn't dependent with the computer ownership, the computer was the catalyst that caused the mistake but not more.
