I'd also add to the ownership & sales discussion. When do you think a sale actually occurs? It's not on receipt of payment - it's on supply of goods (or services - and services don't exist until they are performed). Acceptance of payment is usually part of entering into a contract to supply. And that's a whole other kettle of fish. My point being that it's not illegal to offer to supply goods you don't own and take payment before you have ownership. In a sense
bl52krz is correct: you can't sell something you don't own (apart from the several exceptions outlined in laymans terms on the page at netlawman.co.uk). This doesn't mean that you can't accept payment for goods that you don't own. Failure to supply is possibly a breach of contract and not fraud unless mis-representation occurred. The actual sale only occurs when both halves of the sale contract are satisfied. The purchaser has paid or otherwise satisfied the requirement of the vendor, and the vendor has supplied the goods (or services) promised with good title: i.e. at the time of supply the vendor had ownership of or acted in good faith for the goods owner.