I didn't 'fully" deliver furniture I sold and it got ruined

[craigslistseller]

I wouldn’t necessarily say “all good then.” Small claims actions are not that difficult to pursue and $780 is not an insignificant amount of money. I just think that your buyer could have a difficult time showing the court that she was not the problem, if home delivery was not mentioned in your ad and you were doing her a favor by taking the furniture to her.

I personally avoid sites like Craigslist but I think in this case both craiglistseller and his buyer share some fault in how the furniture sale went.

I definitely never mentioned home delivery in the ad. Yeah, I probably won't ever use it again. Buyers on there are a pain in the ass.

 

[quincy]

I definitely never mentioned home delivery in the ad. Yeah, I probably won't ever use it again. Buyers on there are a pain in the ass.

They certainly can be.

 

[Zigner]

They certainly can be.

...and sometimes sellers are just as much so.

 

[quincy]

...and sometimes sellers are just as much so.

They certainly can be.

 

[craigslistseller]

...and sometimes sellers are just as much so.

Not untrue, but you get what you give.

 

[quincy]

Not untrue, but you get what you give.

Sometimes.

Craigslist is popular for a reason and that reason is most of the transactions work out okay for both parties.

 

[Mark_A]

According to the Uniform Commercial Code (UCC), which governs contract law in all states (with some minor differences in some states), passage of title and risk of loss transfers to the buyer when the buyer takes physical possession of the goods. Since this was an apartment complex, physical possession would be inside the apartment or private garage for that apartment (if they had one). Delivering the goods to the general common area of the apartment complex would not be considered to be delivering to the buyer and the buyer taking physical possession.

If you have used a common carrier (UPS, freight company, moving company, etc) to ship the goods then passage of title and risk of loss would have occurred when the goods were tendered to the carrier (assuming you gave them correct instructions as to delivering the goods to the buyer, not just outside the apartment). The fact that the goods were paid for in advance makes no difference and the buyer would be due a refund.

However, the UCC is designed to cover transactions when at least one party to an agreement is a merchant. I am not 100% sure if it applies in this case, but I suspect that a Small Claims Court judge would not rule in your favor, especially since it was sold on Craigslist.

 

[quincy]

… I am not 100% sure if it applies in this case, but I suspect that a Small Claims Court judge would not rule in your favor, especially since it was sold on Craigslist.

It was sold on Craigslist but delivery was not a part of the advertised sale. I obviously don’t know who would wind up victorious if the buyer takes “craiglistseller” to court but I think the failure on the part of the buyer to have someone available to carry the furniture upstairs is a factor that favors “craiglistseller.”

 

[Mark_A]

It was sold on Craigslist but delivery was not a part of the advertised sale. I obviously don’t know who would wind up victorious if the buyer takes “craiglistseller” to court but I think the failure on the part of the buyer to have someone available to carry the furniture upstairs is a factor that favors “craiglistseller.”

The delivery terms don't have to be part of the original advertised sale, even if merchants are involved. If before the sale was consummated, the seller agreed to deliver the goods to the buyer, then that is part of the agreement.

If delivering to a two story home or apartment, a seller is not required to deliver it upstairs to the second floor of the home (unless agreed to buy the seller beforehand), but they must deliver the goods to the possession of the buyer. One exception would be the seller specifically said they would not do "inside delivery" and even then outside delivery would probably be considered to be just outside the door of the apartment. In an apartment, delivering to the area outside the apartment in the common area would probably not be be considered as the buyer being in possession of the goods, but that could vary depending on the size and exact location of the goods delivered. Certainly if the seller had reasonable expectation that it would rain, and the goods were not protected, then the seller would likely be liable for risk of loss.

 

[quincy]

The furniture was delivered to the buyer. The buyer then wanted the furniture carried to the second floor.

I said earlier that I thought craiglistseller should have refunded the money. I am not convinced that he had to or has to refund the money.

 

[Mark_A]

The furniture was delivered to the buyer. The buyer then wanted the furniture carried to the second floor.

I said earlier that I thought craiglistseller should have refunded the money. I am not convinced that he had to or has to refund the money.

It's more complicated when the buyer lives in an apartment, and the apartment is on the second floor. In that case, the seller must deliver to the second floor apartment, assuming the UCC applies here. If it were a two-story apartment, then the seller would only have to deliver to first floor of the apartment.

 

[quincy]

It's more complicated when the buyer lives in an apartment, and the apartment is on the second floor. In that case, the seller must deliver to the second floor apartment, assuming the UCC applies here. If it were a two-story apartment, then the seller would only have to deliver to first floor of the apartment.

The delivery was done as a favor to the buyer. It was not part of the sale. The furniture was delivered.

 

[Mark_A]

The delivery was done as a favor to the buyer. It was not part of the sale. The furniture was delivered.

My understanding is that the seller agreed to deliver to the buyer, before the final sale was made and before the goods paid for. Craigslist is not like Ebay, where the terms of the sale are clearly spelled out and the sale is conducted electronically without any additional conditions. I bought something on Ebay and wanted to pick it up instead of have it shipped to me, and the seller had to relist the item with the shipment terms with pickup by buyer.

 

[quincy]

My understanding is that the seller agreed to deliver to the buyer, before the final sale was made and before the goods paid for. Craigslist is not like Ebay, where the terms of the sale are clearly spelled out and the sale is conducted electronically without any additional conditions. I bought something on Ebay and wanted to pick it up instead of have it shipped to me, and the seller had to relist the item with the shipment terms with pickup by buyer.

Obviously there was a failure to communicate well. craiglistseller will now have to see if the buyer of the furniture sues.

 

[Mark_A]

I definitely never mentioned home delivery in the ad. Yeah, I probably won't ever use it again. Buyers on there are a pain in the ass.

It doesn't make any difference whether you mentioned anything about delivery in the ad. It only matters whether you agreed to deliver it before the sale was consummated (including payment).