Legal Question in Consumer Law in California

When buying a product - online or otherwise, and all shipping options are controlled by the seller; when does ownership of the product legally transfer to the buyer?

Does it change if there is something posted in some sort of 'terms and conditions' indicating that in shipping the buyer assumes ownership once the product passes to the shipper's hands?

Does it change if the buyer makes the shipping arrangements for his or her self?

Assuming we are in the USA, would the answer change if the product was leaving California vs. entering it?

And I guess to make it all one collective question: In the USA, what responsibility does the seller bear to ensure that the buyer truly receives the product once payment has been received?


Asked on 6/08/10, 2:22 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If there is no contract governing the transaction, the transaction is governed by Article 2 of the Uniform Commercial Code (UCC) (the California Commercial Code can be searched at www.leginfo.ca.gov). Normally title passes to the buyer F.O.B. (Freight On Board) the seller's location and any claims for loss or damage in transit have to be made to the shipper. Glad both parties are in the USA because international transactions are much stickier. Why don't you just say what it was that happened?

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Answered on 6/15/10, 12:01 am


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