eBay sale, need advice on law

[inmys2k]

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

Me, the seller is paid by a New Mexico buyer for an item that
the seller had sold on eBay. I send the buyer the item on February 25 via the US Postal Service (USPS) within 8 days of having received the money from the buyer via PayPal. I paid for and receives from the USPS a Confirmation of Delivery, which is a proof of delivery which will show when the item is delivered to the seller, and its arrival and departure at major points along the way. As it turns out, the USPS indicates that the item was delayed for 30 days at the local distribution center, then was received at a Minnesota distribution center from which it departed April 13. By April 27 no further information has been forthcoming from the USPS. The buyer files a complaint with PayPal for return of the funds, claiming that it is me who should bear the burden of non-delivery. PayPal removes funds from my PayPal account to cover the disputed amount and now must make a decision as to whether the funds should be returned to the buyer or should remain with me. Both parties acknowledge that there was no insurance purchased by either the buyer or the seller and that the I made no statement in the auction as to who bears the risk of loss.

I need to determine the law related to this matter as if there were no PayPal agreement? then to consider the law given that there is a PayPal agreement? Then make a decision as to who should get the funds.

Thanks for the help.

 

[racer72]

You sold an item and did not deliver it to the buyer. You lose.

 

[Mass_Shyster]

You sold an item and did not deliver it to the buyer. You lose.

I don't think the UCC agrees with that as a blanket statement.

It seems to depend on if the contract required delivery at a particular destination, and whether seller is a merchant.

§ 2-509. Risk of Loss in the Absence of Breach.

(1) Where the contract requires or authorizes the seller to ship the goods by carrier

* (a) if it does not require him to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation (Section 2-505); but
* (b) if it does require him to deliver them at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the buyer when the goods are there duly so tendered as to enable the buyer to take delivery.

(2) Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer

* (a) on his receipt of a negotiable document of title covering the goods; or
* (b) on acknowledgment by the bailee of the buyer's right to possession of the goods; or
* (c) after his receipt of a non-negotiable document of title or other written direction to deliver, as provided in subsection (4)(b) of Section 2-503.

(3) In any case not within subsection (1) or (2), the risk of loss passes to the buyer on his receipt of the goods if the seller is a merchant; otherwise the risk passes to the buyer on tender of delivery.

(4) The provisions of this section are subject to contrary agreement of the parties and to the provisions of this Article on sale on approval (Section 2-327) and on effect of breach on risk of loss (Section 2-510).

 

[FlyingRon]

First off, DC is not tracking. The fact that it got scans enroute means nothing to your case. Paypal will refund the money to the buyer unless you show electronically verifiable delivery. YOU AGREED TO THIS in the EBAY/PAYPAL service agreements.

The insurance protects you, paypal will automatically side with the buyer in nondelivery cases.

 

[Zigner]

I don't think the UCC agrees with that as a blanket statement.

It seems to depend on if the contract required delivery at a particular destination, and whether seller is a merchant.

With regard to eBay/Paypal, it's a true statement.

 

[Mass_Shyster]

With regard to eBay/Paypal, it's a true statement.

Point taken.

 

[racer72]

As a long time eBay seller, I have had this happen a few times. I would like to give a bit of advice

• eBay and Paypal are not fair, if you can't live with this, don't sell on eBay
• If you can't back what your selling with a money back guarantee, don't sell on eBay
• If you plan on making a living off eBay, you are nuts, don't sell on eBay.
• If you can't afford the loss when something does not get delivered, don't sell on eBay.
• If non paying bidders are going to bug you, don't sell on eBay.

I have over 12,000 sales on eBay with only 2 neutral and 3 negative feedbacks. Crap happens in life and on eBay, learn to deal with it in a positive manner or, do I really need to say it.

 

[JustAPal00]

As a long time eBay seller, I have had this happen a few times. I would like to give a bit of advice

• eBay and Paypal are not fair, if you can't live with this, don't sell on eBay
• If you can't back what your selling with a money back guarantee, don't sell on eBay
• If you plan on making a living off eBay, you are nuts, don't sell on eBay.
• If you can't afford the loss when something does not get delivered, don't sell on eBay.
• If non paying bidders are going to bug you, don't sell on eBay.

I have over 12,000 sales on eBay with only 2 neutral and 3 negative feedbacks. Crap happens in life and on eBay, learn to deal with it in a positive manner or, do I really need to say it.

I'd like to add

• If you can't afford to lose what you sold, then insure it. Insurance protects the seller.