A seller agrees to ship an item, that they previously only wanted to sell as local pickup only. Large, heavy, fragile item. Seller agrees to ship and sell on the condition that buyer will not hold them responsible if damaged in shipping. Communication via email and/or ebay messages. Buyer agrees. Seller puts item in cardboard box with no padding and item is irreparably damaged during transit. Seller claims they did not even want to ship in the first place, yet they made an effort to ship, so they are not responsible. Can buyer still file an ebay claim, other recourse etc? Or was a binding contract agreed to?
Lawsuit / Dispute Attorney
Buyer can file a claim through ebay, paypal, and if the item was insured through the postal service. Once the buyer agreed to ship, he/she became liable to do it properly even if here is a written agreement releasing the buyer. It can be argued that the seller committed gross negligence by not using any padding. Ebay tends to be very buyer oriented, so the buyer should win.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
International Law Attorney
You can do an ebay or a paypal dispute if you used that service. If you used your credit card you can also dispute there too. You might find the Paypal process best in conjunction with a credit card dispute, if applicable. Ebay can be a bit strange and inconsistent in its outcomes when the fact pattern deviates from the norm.
This is not legal advice but a general comment on society based on a limited set of hypothetical circumstances. No one should act or refrain from acting based on these comments without seeking appropriately licensed legal or professional advice. The author disclaims all liability in respect to actions taken or not taken based on his comments.