Legal Question in Business Law in New York

Sent item , buyer claims never received , wants refund

A person purchased an item from me at an online auction. They sent the payment. I sent the item through the USPS. They claimed they never received the item, and want a refund. Shipping costs are the buyers responsibility, as is the insurance. No insurance was purchased buy the buyer. Am I responsible for items that are lost or damaged through the USPS??


Asked on 2/21/04, 5:39 pm

2 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Sent item , buyer claims never received , wants refund

It's hard to say ...what did your post say? insurance is the responsibility of the buyer? and how do you know it was not received either? There is too little information to provide a decent answer.

Good luck

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Answered on 2/21/04, 6:10 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Sent item , buyer claims never received , wants refund

Unless otherwise expressed ina sales contract, responsibility for damage or loss shifts to the buyer once the goods are delivered to the carrier.

As long as you have proof that the goods were placed properly in the mail, you no longer have legal responsibility for damage or loss.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 2/23/04, 9:38 am


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