Legal Question in Business Law in California

Re: Online Auction

This would depend on the allocation of losses in the transaction contract and on on your agreement regarding assumption of risk of loss cut-offs.

The parties to the deal will agree which one bears the risk at what point of transaction and delivery of goods, the forum for resolution of disputes, and many other provisions governing such shipments to make sure there are no ambiguities or misunderstandings in the future. Both parties should have insurance for delivery and shipment of goods.

If you would like to follow up, feel free to contact me.

Thank you.

Arkady Itkin

California Business and Employment Lawyer

http://www.arkadylaw.com

Re: Online Auction

You'd better do more than casually think about such problems. Auction sites frequently encounter fraudulent sellers, fraudulent buyers, fraudulent checks, fraudulent wire transfers, misrepresented goods, stolen goods, etc, etc. The ripped off party is going to sue everyone involved [you] that isn't protected by 'bullet proof' disclosures, waivers, releases, hold harmless provisions, etc. The parties need from your site clear and complete contractual language, covering all eventualities for the type of goods involved. I can assure you that eBay spent more than pocket change setting up the legal protections they need. It's not that there's 'legal magic' to doing this; it's that it requires time and effort and experience to do it right. Money spent now establishing the system would be far less than what would be spent involved in high risk litigation later. If you're serious about doing this, and understand the need for the legal fees it will take, feel free to contact me.