Quoted from CrazyLevi:
I woulda kept the 50 bucks. That's a better offer than you'd get from almost anybody busting a deal around here.
I'm sure you would have. I'm not into "non-refundable" deposits either, and never request such a thing when selling a game.
Quoted from Otaku:
Isn't it like legally yours (yes, I know, only "technically") once the money changes hands?
Not really. Under contract law, there has to be adequate consideration exchanged by the parties. Here, money was exchanged, but no game at the time. What constitutes consideration can vary, but one party cannot benefit from a transaction without the other getting something in exchange.
Back in law school, I remember reading a case where a grandmother told her grandson she would give him $10k if he quit smoking. He quit, and she didn't pay. He actually sued the poor woman, and the Court held that she promised money (her contractual consideration), and that his consideration was the act of giving up something and "performing a task" in exchange for the promised monetary compensation. He won in Court and she had to pay him. Oral contracts are actually enforceable in some states. But as Levi said, if you are going that distance, you'll end up overpaying due to fees, costs, etc.
Possession of a tangible item is actually 9/10's of the law, so even though something is paid for, does not mean that legally it is yours until you've taken possession of the item. Ask Bernie Madoff's clients. They never actually possessed what he promised them they paid for, and got screwed beyond belief.