When can I resell if buyer pays and fails to collect?

[jsstevo1980]

Hi all,

On 25th March I sold an item that was part postage and part collection.  Over the past 3 months they buyer has left positive feedback but failed to collect the collection items, despite me sending him many messages through eBay.

I have now sent him a message stating that I want collection or a positive confirmation by 25th June that I can resell the items and he won’t be getting any refund, and if no confirmation is received by 25th June I can resell the items.

Is this legal and am I ok to resell?  It’s been 3 months and the items are large, so getting in the way. There is also a risk of damage as one item is glass.

Regards,

Jonathan

[duncanvr]

I don't do any collect pick up orders so would advise against pick ups in the future. Have you refunded the buyer? For 3 months it seems like its a bit of a stretch if he suddenly comes asking for the goods. I would send the buyer one last message that you are going to resell the goods if you have not heard from him in 24 hours. Wait the 24 hours then resell the goods, this time on shipping no pick up.

[sunnysouth1]

You need to give the buyer a time limit to pick up the item. If they miss the deadline then you need to refund. You shouldn't keep the item and the money.

After you refund you can relist the item. If it's large and bulky it's best to list again with local pickup. Local pick up items should be paid in cash when the buyer comes to get the item. Put this statement in bold print in your listing:

"Contact me for payment methods to pay on pickup."

[gracieallen01]

If they have paid, you will have to refund - being the honest seller that you are.  I think it is probably best to call ebay and have them close the transaction - just so the buyer doesn't come back later and say 'But, ........ ', and cause problems.

[scga912]

It might be considered abandoned property.  You should look at your state laws.

You may be required to inform the owner with those timelines and a deadline before you can resell and not refund.

However, if you intend to refund them, you won't need to worry about abandonment issues as they would no longer be the owner.

[18704d]

"I have now sent him a message stating that I want collection or a positive confirmation by 25th June that I can resell the items and he won’t be getting any refund, and if no confirmation is received by 25th June I can resell the items."

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That is not legal.

If you've been paid, and it sounds like you have, then you have to follow the laws in your State concerning 'abandoned property'.

Your buyer may have had a major medical event, and may be in a nursing home or something.

They may have died, heaven forbid.

Either way, if I was you, I'd simply refund.  That would legally end any of your obligations to them.

If the worse has happened to your buyer, and you keep the money...

sooner or later their family may reconcile your buyer's financial accounts, notice what happened..

and you may be legally liable for refunding them in full .. plus any and all legal costs that it takes them to collect from you.

jmtcw,

Lynn

[soh.maryl]

You probably should return to your home site, eBay.com.uk, and pursue your inquiry there.

I am curious, however, about how an item could be "part postage and part collection".  Care to explain how that works?

Here in the US, local pickup items (otherwise known as "collection") aren't supposed to be paid for until the buyer comes bringing cash and picks them up.  Perhaps it works differently in the UK.

I also don't understand why either you OR the buyer would let this drag on for three months. 

[go-bad-chicken]

Research your state's abandon property laws. Those laws will dictate how you should proceed. Every state is different.

Some states will allow you to send a notice after x amount of time and then allow you to begin collecting storage fees. Other states will simply allow you to do whatever you want with that property after x amount of time.

But the vast majority of the states do require some form of legal notice to be sent to the owner of that property, before any action on your part is permissable.

Since a portion of this transaction has already been shipped to this buyer, I would strongly argue against any form of refund.

Then again if you are located in the U.K. none of this will probably apply. Research U.K. abandoned property laws. Those laws will dictate how you should proceed.