This is based on a real case of mine. For the fun of it, I put a special edition Batman comic book (that came free in the New York Post newspaper) on eBay for $1.25 (and $2.70 postage and handling; $1.30 insurance optional). Some obnoxious character bought one (he waived insurance) and quickly complained to PayPal for non-delivery (he paid me via my PayPal personal account, so no credit card involved). PayPal made a big production out of it and put a hold on the amount involved. (The buyer eventually dropped the case; that isn't important here.)

I emailed PayPal with this important question (below). THEY NEVER REPLIED. The upshot is: should a seller, using PayPal, always insist on insurance and/or delivery confirmation. Can he ever be protected against a I-received-an-empty-package claim?

Here is my email to PayPal, that they never answered:

If buyer waives insurance, can seller be liable?

This question regards a seller who has a PERSONAL account. It regards an eBay auction. The buyer pays with PayPal. Since it is a PERSONAL account, no credit card is envolved.

Seller sells at auction an item for only $1.00. Buyer, of course, is responsible for postage, handling and insurance. Seller, in auction description and invoice, tells buyer he can waive the $1.30 for insurance and/or the $0.55 for delivery confirmation, that they are optional. (Afterall, it is silly for the buyer to pay an extra $1.30 or $0.55 on a $1.00 item.).... ......... Now, if the buyer, who waived the insurance/delivery confirmation, says he never received the item in the mail, can he successfully complain to PayPal and get his money back?

Incidentally, does delivery confirmation show more than the date and city of delivery? Does it show the street address too?

Here, by the way, is my big Batman comic book auction. I'll sell the comic to anyone on this board for $2 total (postage on me):
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=6546223365

Robert