Legal Question in Consumer Law in Florida

Legal action threatened against me after sale of item

After I have sold something to someone. Is it my legal responsibility to retrive said item if it is stolen, lost or the new owner otherwise missapropriates it?


Asked on 12/27/06, 1:12 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Legal action threatened against me after sale of item

I really need more information. After you sell an item and deliver it, if it is then taken from the new owner, that is his problem -- not yours. If you have sold the item, but you still have it and it has not been delivered to the buyer and it is stolen from you -- that is typically tour problem. If you sell something and then it is stolen during delivery (say the UPS truck is robberd), that depends on whether the risk of loss in transit was with you or with the buyer. The contract controls. See most eBay auctions, for instance. MOst say that if the delivery person screws up and losses the item, then the seller is not responsible.

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Answered on 12/29/06, 9:39 am


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