Legal Question in Business Law in Maine

Liability for selling online (auctions in particular)

Who is liable?

I put an item on an auction say ebay for instance. In my terms of sale in my auction it says ''I am not held responsible for lost or damaged items. Insurance is the buyers responsibility''. Someone bids on the item and wins. We exchange e-mails and the buyer doesn't get the insurance and just pays for the item along with shipping and handling.

Now the item gets to the buyer squashed,mangled, and destroyed cause of USPS. The question remains am I as a seller held reliable to refund the buyer cause the buyer didn't pay for insurance?


Asked on 5/26/02, 12:57 pm

2 Answers from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Liability for selling online (auctions in particular)

When title to the merchandise transfers from seller to buyer is negotiable. In this case the facts are that the buyer was on notice that title would pass to him at time of mailing as he was responsible for insurance, or not, at his option.

You are not liable for the damage under these circumstances assuming the facts are accurate and can be proved with courtroom-quality evidence.

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Answered on 5/27/02, 2:25 am
Lawrence Graves Coolidge & Graves PLLC

Re: Liability for selling online (auctions in particular)

As a prior respondent observed, if your agreement was clear that insurance was the buyer's responsibility and the buyer declined to pay for it, no one is going to have much sympathy for him. Doesn't mean that this is going to happen without a struggle, of course.

Best wishes,

LDWG

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Answered on 5/28/02, 9:09 am


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