eBay sale went south

[Terra Nova]

Here's proof they exist.

[jtsailjt]

Originally Posted by jmschmidt

You did not have protective language for this eventuality (nor probably other eventualities) in your Bill of Sale. I think you know what I mean. Also, you have just admitted on this forum that you are aware that there is no security at the place the dinghy was left, there may be felons about the neighborhood, it was in plain view of an open air restaurant and therefore everyone else; all evidence that may be used against your.

I think you are toast.

I have to disagree with this. Lots of dinghys are left tied up at unsecured docks for years on end and don't get stolen. I've had dinghy's in the water every summer (and a few winters when in south) for the past 25 years, and never have had one stolen despite never having them locked up or anyone specifically watching them for me. So, why would I think someone is going to steal my current dinghy in the next 2 weeks?


The sale was complete when the money and bill of sale were exchanged. It was entirely for the buyers convenience that he didn't pick up his new dinghy immediately. During the delay, since the seller had the buyers money, he certainly could not have sold it to someone else or even used it himself. It was no longer his dinghy. Also, if I had sold this dinghy, I would have called my insurance company and taken it off my policy the same day I received payment and delivered a bill of sale so I could no longer have filed an insurance claim for its loss. But the buyer should have immediately added his new dinghy to his yachts policy as soon as he received the bill of sale with the HIN on it. When I buy a boat, I have the insurance all lined up before I close on it and make a phone call to activate the insurance within minutes of signing the papers that make the boat mine. Often this has been done at a location away from the actual boat. But the minute the boat is mine I want it to be insured. The buyer is the one who made the police report that the dinghy was stolen because it was HIS dinghy. If he didn't believe it was his dinghy, why would he report it stolen?

It's certainly an unusual and unfortunate circumstance but it was the buyer who chose to not immediately pick up his bought and paid for dinghy and it wasn't the sellers responsibility to watch over it until it was convenient for the buyer to get around to picking it up.

A possible compromise would be for the buyer to file an insurance claim for the loss of his new dinghy and the seller offer to pay half of his deductible if there is any. But I don't see how the seller has any other moral or legal responsibility because he did exactly what he said he would do wit the dinghy (or at least it can't be proven otherwise) and the delay in pickup was 100% for the convenience of the buyer.

[jb2c]

May or may not matter about the legal technicalities in this instance. That depends on whether either of the two parties care to take it to court. But it's still fun to discuss it.

I haven't read the whole thread either. Has Ebay ruled on this? Apparently, they are the final word, as you contract with them when you use Ebay. And the contract can be enforced.

[jkishel]

Originally Posted by jb2c

May or may not matter about the legal technicalities in this instance. That depends on whether either of the two parties care to take it to court. But it's still fun to discuss it.

I haven't read the whole thread either. Has Ebay ruled on this? Apparently, they are the final word, as you contract with them when you use Ebay. And the contract can be enforced.

See post no. 7, PayPal apparently rejected buyer’s request for relief.