What are my rights regarding the return of a solditem that was damaged in transit?

I had a buyer purchase a personal computer from me and then return it of their own accord because they didn’t want it. However, before they returned it, they removed all of the packaging material in the box for some odd reason. They then paid to ship it back to me via UPS and when I received it, it had been essentially destroyed. The buyer does not answer emails or certified letters and never filed a claim with UPS, so what do I do with this junk? Do I have to keep it?

Asked on September 28, 2010 under Business Law, Oklahoma


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You have not at all specified if you are a dealer, if you sold it pursuant to a contract, if you have a return policy - nothing.  This information is very important in trying to give some guidance here on the matter. Be that as it may, if the product was damaged in transit back I would refuse to reimburse the purchaser at this time. That should get their attention.  If you have already reimbursed the purchaser then I think that you have no alternative but to sue them for the damaged computer.  I think that they are giving you very little choice here.  I would hesitate to send it back to them and rather have you keep it for proof.  Otherwise it will be a he said she said situation.  Good luck. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.