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If an item was sold on eBay and customer was to pay shipping…

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If an item was...

If an item was sold on eBay and customer was to pay shipping and since has not how long do I have to hold this item I have been holding it roughly 250 days have communication with the individual but still value to pay shipping can I start charging storage fees

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Ok

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Ohio

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have text messages proving that I have gone above and beyond to get this matter taken care of

Submitted: 10 months ago.Category: Legal
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Answered in 14 minutes by:
10/4/2017
Lawyer: Lucy, Esq., Attorney replied 10 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

When a contract doesn't specify a time for performance, the law assumes that each party will do their part within "a reasonable time." What's reasonable depends on the facts of the case, but when someone is buying an item and agreeing to pay for delivery, it's generally not reasonable for them to take more than 6 months to pay. If they've already paid for the item and are only stalling on paying shipping, that's also not reasonable after this amount of time.

You can't charge him storage fees unless you had a written contract that says he's obligated to pay them. However, you can send him a message letting him know that if he doesn't pay the shipping within a specified time frame (a week may be enough, or 10 days - that's up to you), you will consider him in breach of contract and sell the item to someone else. You can also know that, if you aren't able to get the same price from someone else as what he agreed to pay, he will be liable for the difference. You're allowed to deduct that from any money he already sent before returning the rest.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Customer reply replied 10 months ago
this person has paid for the item but not the shipping I have been in contact and kept asking them to send the money to ship finally I gave him a deadline of August 31 which passed with no payment for shipping then the middle of September he gave me some line about he didn't know how to get a hold of me I told him I was going to resell it he try to inform you that I cannot resell it because it is his I stayed it is only if you send a trucking company to pick up this package it's yours but I am not dealing with the shipping anymore you will pay for it and schedule it bot***** *****ne is it still is not picked up what are my best options
Lawyer: Lucy, Esq., Attorney replied 10 months ago

It's only his if he fulfills his end of the bargain by paying for the item *and* shipping. Otherwise, he's in breach of the contract, and you can sell to someone else.

You do have to refund him what he paid, if you get the same amount or more from another buyer, although you can deduct the costs of relisting.

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Customer reply replied 10 months ago
He paid 300 what if it is sold for $100 do I refund that money to him
Lawyer: Lucy, Esq., Attorney replied 10 months ago

You have to try to get $300. But if you can't find a buyer who will pay that, you get to keep the $200 difference, plus the cost of relisting it.

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Lawyer: Lucy, Esq., Attorney replied 10 months ago

Do you have any other questions about this?

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Customer reply replied 10 months ago
Not at this time waiting to see if he responds (which he has not)
Lawyer: Lucy, Esq., Attorney replied 10 months ago

It can help sometimes to tell a person that if they don't respond by a given date, you'll take action. But if he doesn't reply, you can still sell the item.

Please rate my answer positively to ensure I get credit for the time spent answering your questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for related follow-up questions asked after rating. Thank you.

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