Quote:
Originally Posted by Tyruscobb
I have not seen the parties’ emails containing the valid contract - the offer, acceptance, and consideration. However, I highly doubt the contract specified who bore the shipping risk. I’m assuming the invitation for an offer stated something to the effect, ‘card ABC, $100 net to me, shipped.’ This is what we almost always see on this board. Note the key word - shipped; not delivered.
The buyer then probably responded to the invitation and offered to purchase under those terms. He probably replied, ‘I’ll take it.’ The seller then accepted this offer and consideration was exchanged.
Again, the invitation to offer, which the buyer likely responded to, more than likely stated “shipped.” The seller then bore the cards’ risk from the moment immediately after the sale through the time he paid the postage and handed possession to the third-party carrier. At that time, the risk transferred to the buyer.
I’ll stand by my position.
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How nice for you. If you'll take a moment to reread, you'll see that the OP didn't ask for a legal opinion, he asked about what course to take. In my experience, people who replace a moral compass with legal chapter and verse are people I'd rather stay away from.
I don't buy many cards these days, but when I do it certainly won't be from you.