marbehshalom:
If Aderet manufacturers the CD, thus owning it, and then they go to Eichler’s and tell them that we are NOT selling these CD’s to you (Eichler’s), we are merely letting you hold unto OUR (Aderet’s) CD’s as an agent to rent the CD to whoever would like it…
Now that Eichler’s doesn’t own the CD’s (since Aderet does), if you walk into Eichler’s to buy the CD, EVEN IF Eichler’s tells you they are SELLING it to you, THEY CAN’T SELL IT to you since they do not own it! So at most you will have a taaina against Eichler’s (or whichever CD retailer it is) that they “sold” you a CD that wasn’t theirs and therefore they could not sell it. So you may be able to halachicly force Eichler’s to undo the transaction and refund your money (and take back Aderet’s CD), but since Aderet owned the CD all the time the store could never sell it you.