Card Lost in Mail - Legal Question

[egbeachley]

Finally it happened. A card I won at auction never made it to me. Have received about 20 cards from the same seller so I expect it truly is lost in the mail.

It was a 19th Century card of which maybe 6-10 copies are known. So I would really like to have it if it turns up.

I have a good scan so if it shows up eventually, I would know it's the same.

So here's the question. If I don't ask for a refund, will it always be known as my property that I can ask for? Or if I get a refund, does the seller then hold the rights?

[Leon]

I hope a lawyer can answer but I will take a stab...and maybe not a very good one. Once the refund is given I would guess title reverts back to the seller. If it turns up it is his. I can imagine there being caveats to that, and that not always being the case, but that is my "watched Judge Judy" guess. Any lawyers want to take an off the record stab?

ps...I would also imagine that if you didn't receive a refund then the title stays with you...so if it ever shows up it would legally be yours. You paid for it.

[FrankWakefield]

Well it isn't all that complicated...

If the seller gives you a refund how could you possibly claim ownership interest in the card?

[DixieBaseball]

Sorry to hear about this situation. I would think if the Seller is worth his salt, he would refund your money, and guarantee you first right of refusal to repurchase the card at orginal agreed upon price. This would be the right thing to do to make you whole and give you some hope! May I ask what shipping company the seller used ? If it is the USPS I would hold a little hope b/c there are plenty of documented cases where a box shows up weeks later. Not as likely with FedEx or UPS.

[D. Bergin]

Just a few hours ago I had a customer re-send my refund back to me after a package finally showed up over three weeks after I had sent it out.

Hopefully it shows up. This seems to be far too commonplace lately.

[egbeachley]

The reason I'm considering not asking for a refund (I'm sure he'll give it) is that I want to maintain ownership when (if) it shows up. But asking for the right of first refusal sounds like a good alternative.

Would I need to publish my claim in a newspaper?

FYI - the package was USPS and it has been 5 weeks. Actually it was probably just a small letter envelope with a toploader and 2 cards. Maybe it needed a little extra postage and it will work its way through the system.

[DixieBaseball]

Originally Posted by egbeachley

The reason I'm considering not asking for a refund (I'm sure he'll give it) is that I want to maintain ownership when (if) it shows up. But asking for the right of first refusal sounds like a good alternative.

Would I need to publish my claim in a newspaper?

FYI - the package was USPS and it has been 5 weeks. Actually it was probably just a small letter envelope with a toploader and 2 cards. Maybe it needed a little extra postage and it will work its way through the system.

- 5 weeks is a little too scary, and the ltr envelope could have been thrown out if the card came out of the pkg (Pkg gets damaged in transit, cards come out into system) It is very possible the cards are floating around, but the pkging is damaged, lost, torn, etc. and they have this sitting in overgoods. I would recommend contacting the postmaster at the origin and destination stations and lighting a fire (in a nice way of course) under their fannies, and explain to them the value of the cards, etc. --- Get names, contact numbers, and time stamps of conversations. I have had this happen with the USPS once, and was able to retrieve damged/lost items by communicating at a local level. (You have to get the local post office phone numbers some how... Also, contact USPS 800# and start a trace which opens a case # on the pkg, and they are required to follow up internally with the postmaster, etc. -- Those cards could be sitting at the last place they were scanned, in a sort along the way, etc. and the USPS may not know what to do with them. (Hopefully you communicated with them already a few weeks back to get the ball rolling)

- Also regarding first right of refusal. I have no legal expertise, but I believe any communication via email/letter that is agreed upon between 2 parties can be legal document that holds weight as long as both parties agree to it. Let Frank or the lawyers jump in here... (I think a simple email gaining agreement from the seller giving you first right of refusal should the items show up would be enough)

Good Luck !