Craigslist sale and lawsuit

[vet1968]

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

I bought a computer on Craigslist for almost $1200 and the seller claims that it was shipped even though I never got it. The post office admitted that it lost a package sent from the seller to my address, but it was not insured. The seller refused to do anything, so I eventually sued him in California small claims court. The judge said that the seller was not liable and that I should have talked to a lawyer before suing. I don't understand. What did I miss? I bought something, it never arrived, and the seller is not responsible. How can that be true?

 

[Antigone*]

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

I bought a computer on Craigslist for almost $1200 and the seller claims that it was shipped even though I never got it. The post office admitted that it lost a package sent from the seller to my address, but it was not insured. The seller refused to do anything, so I eventually sued him in California small claims court. The judge said that the seller was not liable and that I should have talked to a lawyer before suing. I don't understand. What did I miss? I bought something, it never arrived, and the seller is not responsible. How can that be true?

Your beef is with the USPS. The seller did all they were obliged to do.

 

[vet1968]

Doesn't the seller have a responsibility to be sure that the item is delivered? I've bought things from online stores in the past and I've always been reimbursed and sent a new item if there was a problem with a delivery.

 

[RRevak]

Doesn't the seller have a responsibility to be sure that the item is delivered? I've bought things from online stores in the past and I've always been reimbursed and sent a new item if there was a problem with a delivery.

The seller had no control over USPS losing the item. As the senior stated, your issue is with the postal service.

 

[Antigone*]

Doesn't the seller have a responsibility to be sure that the item is delivered? I've bought things from online stores in the past and I've always been reimbursed and sent a new item if there was a problem with a delivery.

The seller has a responsibility to SEND the item. You cannot compare this sale with your experiences with a retailer ~ it is apples and oranges.

Like I said, your beef is with USPS

 

[racer72]

And because you failed to obtain insurance for this item, you are going to get no where with the USPS either.

 

[vet1968]

The seller had no control over USPS losing the item. As the senior stated, your issue is with the postal service.

I had no control over USPS losing the item either. All I know is that I paid for an item and never got it. Shouldn't the seller be responsible until I accept delivery? What you all say just doesn't make sense.

 

[vet1968]

And because you failed to obtain insurance for this item, you are going to get no where with the USPS either.

I failed to get insurance? The seller packaged the item, the seller chose to use USPS, the seller carried the item to USPS, the seller paid USPS, and you think that I failed to get insurance? How's that?

 

[Zigner]

Shouldn't the seller be responsible until I accept delivery?

No. I agree that it doesn't make sense from a "common-sense" viewpoint, but it is what it is.

 

[Mass_Shyster]

When title of the goods transfer to you?

Who paid for the shipping? Was shipping included or was it extra? This indicates when title was transferred. I suspect title was transferred when the seller left the package with the carrier.

Many on-line stores (eBay, Amazon) have policies that effectively make the seller retain title until delivery is complete, meaning the seller must bear any loss. The seller must abide by those terms in order to do business through Amazon & eBay.

 

[You Are Guilty]

Free on Board is what you should be googling. I don't trust wikipedia, so here's another site's take:
http://purchasing.ucsc.edu/howto/freeonboardoverview.html

 

[hambirg]

When title of the goods transfer to you?

Who paid for the shipping? Was shipping included or was it extra? This indicates when title was transferred. I suspect title was transferred when the seller left the package with the carrier.

Many on-line stores (eBay, Amazon) have policies that effectively make the seller retain title until delivery is complete, meaning the seller must bear any loss. The seller must abide by those terms in order to do business through Amazon & eBay.

Which is why an Amazon or E-bay seller would have carried insurance on the item. . .BUT this was Craigslist.

OP, I can't believe you would pay $1200 for an item that has to be shipped and not insist on insurance. . .tracking. . .etc. Wow. . .expensive lesson. Sorry.

 

[AHA]

Some things are just not worth buying from an individual online. You can't trust people. Sorry you lost your money.