Gold lost in mail! Seller sent uninsured/no tracking! What shouldI do?

On Oct 24, 8:32*pm, "Ankur Jaiswal" wrote:
I bought 5 grams of gold on the from a seller who will remain unnamed,
unless he comes forward himself. He requested a check only, so I sent it.
The check cleared, and 2 weeks passed with nothing. I went to my PO,
nothing. The seller claims that I did not ask for insurance or delivery
confirmation, so it is not his fault. Since I paid by check, I have no
recourse other than mail fraud.

The seller did however agree to send me $170 as a refund, even though I paid
him $220 for the bars. So thankfully I am not out everything, just $50.
What would you do in this case? Who is at fault? Seems like a good way to
make a quick $50.....

AJ

Ebay and credit card companies make the seller responsible. But in
normal deals, the buyer
is responsible once the seller mails it. You could of suffered the
whole loss.

BrickboyTX wrote:

On Oct 24, 8:32 pm, "Ankur Jaiswal" wrote:
I bought 5 grams of gold on the from a seller who will remain unnamed,
unless he comes forward himself. He requested a check only, so I sent it.
The check cleared, and 2 weeks passed with nothing. I went to my PO,
nothing. The seller claims that I did not ask for insurance or delivery
confirmation, so it is not his fault. Since I paid by check, I have no
recourse other than mail fraud.

The seller did however agree to send me $170 as a refund, even though I paid
him $220 for the bars. So thankfully I am not out everything, just $50.
What would you do in this case? Who is at fault? Seems like a good way to
make a quick $50.....

AJ

Ebay and credit card companies make the seller responsible. But in
normal deals, the buyer
is responsible once the seller mails it. You could of suffered the
whole loss.

Not so. The seller is responsible for the goods arriving safely.

JAM

"BrickboyTX" wrote in message
...
On Oct 24, 8:32 pm, "Ankur Jaiswal" wrote:
I bought 5 grams of gold on the from a seller who will remain unnamed,
unless he comes forward himself. He requested a check only, so I sent it.
The check cleared, and 2 weeks passed with nothing. I went to my PO,
nothing. The seller claims that I did not ask for insurance or delivery
confirmation, so it is not his fault. Since I paid by check, I have no
recourse other than mail fraud.

The seller did however agree to send me $170 as a refund, even though I
paid
him $220 for the bars. So thankfully I am not out everything, just $50.
What would you do in this case? Who is at fault? Seems like a good way to
make a quick $50.....

AJ

Ebay and credit card companies make the seller responsible. But in
normal deals, the buyer
is responsible once the seller mails it. You could of suffered the
whole loss.
---------------------

Online credit card purchases are not considered "normal deals" nowadays?
What are the "normal deals" you referring to? At a minimum, it's first up
to the seller to document that he actually mailed the item in question.
From there, it's my understanding that the seller is legally responsible to
see it is delivered, insured or not.

Jeffrey Milton Traurig" wrote:

What we have here is a failure to communicate. Buyers beware. The law is
clear. The Uniform Commercial Code applies to transactions involving
"goods". That Code has been adopted in most if not all states. Under the
Uniform Commercial Code the law regarding risk of loss in mail is clear.
Here it is:

"(1) Where the contract requires or authorizes the seller to ship the
goods by carrier

(a) if it does not require him to deliver them at a particular
destination, the risk of loss passes to the buyer when the goods are duly
delivered to the carrier even though the shipment is under reservation;
but

(b) if it does require him to deliver them at a particular destination and
the goods are there duly tendered while in the possession of the carrier,
the risk of loss passes to the buyer when the goods are there duly so
tendered as to enable the buyer to take delivery. "

This language is from UCC Section 2-509. UCC Section 2-102 reads in part
"... nor does this Article impair or repeal any statute regulating sales
to consumers, farmers or other specified classes of buyers."

Case law on UCC Section 2-509 distinguishes between shipment contracts
and delivery contracts as well. There's also UCC 2-504 to consider,
which requires a showing of proof of a reasonable contract for delivery
and prompt notice of shipment. At least according to the original
poster, no such notice was given.

In summary, I strongly suggest not relying on Random Internet Posters
for legal advice.

You may (and should) assume I'm a Random Internet Poster.

--
Mike Benveniste -- (Clarification Required)
Its name is Public opinion. It is held in reverence. It settles
everything. Some think it is the voice of God. -- Mark Twain