Legal Question in Business Law in New York

Buyer never received item I sent , they want refund - am I liable??

Background -

I sold an item to a person ( on EBAY ). They sent the payment, but never requested insurance to be put on the item. I sent out the item. They claim that they did not receive the item, and want me to refund them. The item was sent in a standard 37 cents envelope, no need to go to the post office window, so no receipt on my end. I have sent thousands of things out over the years, and this is the first time something has not made it to its destination.

Question - Am I liable? What about all the things we get through the USPS? If it comes up missing, is the person who sent it responsible? Isn't that why insurance is purchased?


Asked on 2/23/04, 10:34 am

2 Answers from Attorneys
William Pinzler william M. Pinzler

Re: Buyer never received item I sent , they want refund - am I liable??

There is no proof that you sent it. If this case were to be tried it would be your word (I mailed it) against his word(I never got it). In the future send things like this with a receipt, either certified mail, Fed Ex, UPS, etc. That way in the unlikely event of failure to deliver you can trace the package.

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Answered on 2/23/04, 10:57 am
Walter LeVine Walter D. LeVine, Esq.

Re: Buyer never received item I sent , they want refund - am I liable??

I concur with Bill Pinzler's comments. Your inability to verify proof of delivery and the buyer's proof of your receipt of payment would allow the buyer to sue and probably recover. Even without insurance, you have the burden of verification of delivery. Be cautious in the future. Even if not insured, have some way to trace delivery (certified mail, return receipt requested) or to trace a lost shipment using certified mail, UPS, etc. If you use certified mail, be sure to take it to the post office so they stamp your copy of the mailing receipt. Don't just rely upon metered postage.

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Answered on 2/23/04, 11:34 am


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