Item given to wrong person be delivery driver

[kimurad1]

I sold a $1200 item via eBay to a buyer, and FedEx (on the third try) delivered it to someone else.  The buyer can't find the guy who received it.  The local police are not cooperative. We think it was stolen at this point.  We have filed a claim with FedEx but it's slow going and my buyer is losing patience. 

He has already opened a request for a refund stating he never received the item. eBay is now saying they will garnish future sales until a resolution is achieved.

I put a legit and mint item up for sale.  I shipped it.  FedEx attempted twice to deliver it before they gave it to a thief.  I have done nothing wrong.  But now I am on the hook.  Not only am I going to be out $1200, but I will also be out the equipment I properly sold and shipped.

What can I do now?

[ebooksdiva]

It is the buyers responsibility to ensure a safe location for items to be delivered. If the tracking shows the item was delivered you put that tracking into the case and you are covered, eBay will  find in your favor. 
Once the case is found in your favor your funds on hold will be released. 

[klhmdg]

Has FedEx said they delivered to the wrong person?

Did you have signature required?

If yes to both those, you need to refund the buyer before eBay does.

If eBay steps in you will lose the FVF and get a seller defect on your account.

You will need to deal with FedEx to get your money back .... hopefully you had the package insured for $1200+

[lakefor94]

Does the carrier tracking state the item was delivered?

The buyer opened a Item Not Received case,  is that correct?

If so, go into the case and enter the tracking number into the case. You will win the case.

I take it that you also did require a signature upon delivery since the transaction was over $750.  I don't know if this will come into play but it could.

As far as the buyer is concerned, the buyer has to prove that the item was delivered somewhere other than his residence. If he can get FedEx to check on the GPS coordinates of the delivery and confirm in writing that the item was delivered elsewhere, he can appeal the case and eBay would likely refund the buyer out of their pocket.

[mam98031]

You should be covered under Seller Protection if you followed the few rules you needed to so you are covered.

Did you require a signature on delivery?  [on Ebay sales $750 and above must have this]

Did you ship within your stated handling time and did you upload the tracking to Ebay?

Since the buyer has filed an INR, you need to respond to in inside the INR.  ONLY communicate with your buyer through the claim so everything is on the claim.  Let them know that you are willing to help them through the insurance maze with the carrier but you are not responsible for this item.  You are going to have to be VERY tactful about saying that so you don't set their hair on fire.  

This should not cost you any money but it is going to take some of your time.

Get ahold of Fedex, they take pics when they deliver something.  They have all kinds of info on that delivery.  Get all the info from Fedex, have them email everything to you too if you can.

Whenever a claim is open, Ebay holds funds to cover the claim until it is resolved.  They do it on everyone.