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Private Sellers

 
 
Tacuma
 
Reply Sun 4 Mar, 2007 07:20 am
If I offer an item for sale as a private seller, on ebay for example, and I do not have any trade premises, trading name, neither do I make a practice of selling the same items or any other items in an occupational capacity, or for a living, what are my legal obligations to the buyer, if the goods are damaged in transit to that buyer, having left me in a servicable condition. Who should take action against the carrier; myself or the buyer or both jointly? Where do the various responsibilities and obligations start and end, and with whom do they lie in this sort of transaction?
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fishin
 
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Reply Sun 4 Mar, 2007 08:18 am
While "Who should take action against the carrier; myself or the buyer or both jointly? Where do the various responsibilities and obligations start and end, and with whom do they lie in this sort of transaction?" sounds like a fairly simple question it isn't all that easy.

When you sell something on E-Bay as a private seller it is the same as selling something at a yard sale. Items are sold "as is" unless stated otherwise.

There may be other problems with shipping though. The USPS requires that the shipper submit all insurance claims so if you shipped via that method than it would probably be presumed that you assume the liability for filing any claims if needed - especially if you chose the method of shipment. If the buyer chose the method of shipment than things could change there.

Of course, the legal implications aren't the end of things either since there could be moral implication as well and then there is your E-Bay rating...
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Tacuma
 
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Reply Sun 4 Mar, 2007 12:16 pm
Many thanks "Fishin". Does anyone know as applies to the UK ?
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