Legal Question in Consumer Law in Texas
ebay
I recently sold a laptop on ebay for $1800.00 I printed a shipping label from the paypal website and it only allowed me to purchase $500 insurance. I took it to the post office and mailed it the next day and the buyer never received it. all mail sent from my post office is not scanned in until it reaches the Beaumont office. I was never able to track it b/c it was never scanned, and now the buyer wants me to pay back the $1800. so my question is AM I LIABLE FOR THE $1800? I live in texas the buyer lives in florida. I told him I would pay back what ever I am liable for because it is the right thing to do but I do not believe I should have to pay back the full $1800, can you help me?
2 Answers from Attorneys
Re: ebay
Read the eBay terms of service and polices relating to sales. I believe you'll find that unless the buyer pays for insurance they bear the risk for lost or damaged items. All you have to do is be able to prove that you shipped the item. I'm admitted in TX and FL and can help you deal with the buyer if your problem continues.
Re: ebay
The question revolves around the F.O.B point in the terms of sale. That is where title transfers. F.O.B. your dock and the risk of loss is on the buyer. F.O.B. their dock, and the risk is yours until delivered.
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