While I said what I did above here, and I still believe it, I do agree the buyer bears most of the brunt. But it's still all about the shi$ to equity ratio.
Quote:
Originally Posted by Tyruscobb
In my humble opinion, the general rule is that the buyer bears, at least on the secondary market, the entire risk. He must take the good with the bad. The exception is if the seller knew the issue existed and failed to properly disclose it. Absent proving the seller’s bad faith, the buyer takes the risk.
There was a chance the poster was pristine and worth considerably more than the paid price. If this occurred, I doubt the buyer would offer you a partial refund. There was also the chance for the opposite, as what occurred here, that the poster would be worth less than the selling price.. The buyer does not get to experience all the upside with no downside risk. This is my opinion.
If the buyer sent pictures and you are convinced the damage would’ve occurred even with exercising the utmost care, I would potentially give a partial refund. However, I don’t think you are obligated to do it.
|