Legal Question in Consumer Law in Georgia

Ebay item sent! Buyer says not recieved?

Ok I put on auction two atlanta falcons tickets to a game earlier this year. In my description it clearly says item will be sent via mail as soon as payment is recieved. The payment was recieved by the winning bidder. As soon as my payment was recieved the two tickets were sent via mail just as the description said. Also they were sent in plenty of time in order to be used by the buyer. Now the buyer is telling me the item was not recieved. I told him his complaint is with the postal service. I did not use certified mail because I have never had a problem like this before. Also the descripiton said via mail, and never mentioned certified mail. He claims he never got the tickets and has hassled me to pay him his money back. However since I was not able to use the tickets and I did exactly as the auction said I dont feel I am responsible. Now he has sued me for the price and court fees. I am curious if he has a case and what should I do now?


Asked on 1/04/05, 2:26 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Ebay item sent! Buyer says not recieved?

There are two issues:

(1) Is there a clear agreement as to who assumed the risk for non-delivery? Absent a clear agreement, you probably had a duty to deliver the tickets. Your case would be strongest if you had listed it with optional insurance and he declined the insurance and your listing said that the risk for uninsured shipments was with the buyer. Absent that I think you have a far weaker case.

(2) Unless you can PROVE you sent them, you don't even get to question one. Unless you bought a certificate of mailing you will lack that proof.

As an aside, it is extremely foolish for eBay sellers to use uninsured mail. It's probably inappropriate for anything worth over a few dollars.

Bear in mind negative feedback for non-delivery is a kiss of death for ebay sellers. It will lower people's willingness to bid on future items you sell. As a practical business matter, it would have been very smart to have refunded him without a suit and gotten the feedback withdrawn.

Read more
Answered on 1/04/05, 2:52 pm


Related Questions & Answers

More Consumer Law questions and answers in Georgia