Stu,
Please confirm what you are saying with someone who can provide an accurate legal interpetation. I believe that this is not a matter of when title passes from the seller to the buyer. I agree that title passes to the buyer when it has been accepted by the buyer and the seller has received payment. The issue is about what happens in the event of a shipping problem. Since the title is still with the seller, then the it would be the seller who would be compensated if there is an insurance payment.
But ... if I state in the auction description that "Insurance is the buyer's option. If the buyer does not take insurance, then shipment is at the buyer's risk." Then this is a valid condition of the sales contract. When the buyer makes a bid, the buyer agrees to the condition. Correct?
|