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

Answers:

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. 


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