Whos responsible, buyer or seller for ebay auction item lost in the mail?

[frostmail07]

What is the name of your state (only U.S. law)? Iowa

Buyer of ebay auction says he did not get 2 separate packages that were mailed to him. We sent him email notification that they had been shipped and have those copies as proof of mailing but wife does not know of whereabouts of tracking numbers.

I have heard so far that the seller is responsible for merchandise lost in the mail but there is a clause in the Uniform Commercial Code UCC § 2-401.(2)(a) stating “title passes to the buyer at the time and place of shipment”. Also, there might be more weight given in small claims to the fact that we shipped two separate packages and he is saying he received neither?

I called ebay and they said it comes down to having proof of a tracking number which currently we don't possess. Ebay did not see a judge reversing the paypal decision to refund the buyer.

The buyer is countersuing for his time in what he calls a frivilous claim. He does have to travel from Illinois to Iowa unless they allow him to call in (will they allow him to call in?). I already have about $500.00 sunk into this transaction with court fees, could I be held responsible also for his charges to defend in what he is calling a frivilous small claims action?

He continually refuses to respond to any of my emails to resolve the matter in any way shape or form, I think after putting so much money into this and the fact that I feel he did receive the packages cause what is the changes of 2 lost packages? I have sent the small claims and a notification of small claims action to that address and he received both of them.What is the name of your state (only U.S. law)?

 

[JustAPal00]

Your post is a little confusing but here is what my take is. Paypal requires the seller to ship to a confirmed address, provide tracking information proving the package was delivered, and ship within 7 days of payment. If you did all those then it is the buyers problem. If you did not do ALL of those then it is on you. You are responsible to get the buyer the item they paid for. If your wife lost the tracking information, then you were unable to prove the item was delivered. Thus it would be your loss. You should have purchased insurance, then you would be covered for your loss.

 

[tranquility]

Let's make sure to read the portion just before:

(2) Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading

In either case, you have the problem of proving you shipped the goods. Both will talk with the judge, he will decide if you shipped or not. If proven it was shipped, absent anything which would imply otherwise in your ad, I'd say he would take the loss.

Did you ship in the manner you claimed you would?