Dealing on the net-you should know

From: JaxInCalifornia@aol.com
Date: Tue Oct 02 2001 - 08:56:17 PDT


First- this is mil-veh related........

No doubt there will be occasions when you want to buy something or sell
something on the Internet and it will involve a private party type
transaction. I believe problems are best handled BEFORE they become a
problem. Here's some tips for doing business on the net:

Buyers, before you send the money:

1. Establish a physical address of the seller, a post office box IS NOT a
physical address and DO get a verified phone number. No phone - no deal...
big red flag!

2. For large amounts consider a wire transfer direct into the persons
account. This clearly establishes who got the money in no uncertain terms.
You have an excellent paper trail to follow if things go wrong. (There are
all sorts of arrangements that can be made for payment too, half now, half on
delivery, etc.)

3. Do your research on this person if it's really large and don't be afraid
to ask for a bank reference.

4. Establish a time frame for when the goods will be delivered and go with
insurance. Demand a tracking number. Show due diligence to make sure things
stay within a time frame or you know the reason and agree to it.

5. Have the rules laid out as an agreement/contract as to what you are
buying and any promises or assurances that are made. "This part fit's a
1919A4 Browning and if it doesn't I will refund your money in 24 hours when
the item is returned in good order, but you must pay the return shipping."
That is the sort of thing you must get clear before any money changes hands.
Remember... it is absolutely critical that ALL specific agreements MUST be in
writing so there is no misunderstanding at a later date when might memories
get a little fuzzy. This will greatly improve your chances for a proper
resolution if something goes wrong.

6. Listen to your gut feeling! If you have the least reason to be concerned
about this transaction, then just don't do it! Better to find another deal
and there will always be another deal.

7. "As-is" means just that. You're are take a big chance for a
deal...accept that.

***********************************************

Sellers, before you deliver your goods:

1. Demand certified funds as payment, such as a postal money order or bank
check. If it is an international transaction check with your bank to be sure
what they will accept.

2. If you are willing to take a check for convenience, make sure it clears
before you send product/s. And don't forget to advise your customer of this
so there is no misunderstanding about delivery time.

3. An alternative to certified funds or check is PayPal or another online
brokering service. If you don't know about these services you should look
into it. It's smart business and makes life easy for both buyer and seller.

4. If you DO take a check and DO send off your product and the check DOES
bounce your money is good as gone, least as far as any criminal prosecution
goes. Why? Because 99% of all DA's don't prosecute on out of area checks,
sometimes just being out of the county is enough to decline prosecution. Out
of state.. forget it. Out of country.. a joke.

5. An NSF (non-sufficient funds) check is almost impossible to prove
criminal intent. The money may have been in the account at the time the
check was written and maybe the banks assessed the writer some sort of fee
and his check bounced. That is not a provable crime. The account could be
just .10 cents overdrawn and therefore it bounced a $100 check. Sloppy
bookkeeping perhaps, a crime no.

6. An "account closed" check status or "forged document" is about the only
ones that get prosecuted and even they are not so easy. Before those types
get prosecuted the writer of the check must be able to be identified by the
victim, either via a thumb print ID system or via a police photo lineup
later. Can't ID the check writer? Too bad, no prosecution. The check was
post dated and you can ID. Forget it! That check is just a promissory note,
it's a civil matter and therefore no prosecution is possible. Two party
check... again, you lose. How do you show criminal intent on a two party
check? You almost never can unless there is a clear pattern for conspiracy!

Typically the DA will require:

a. Check or checks must exceed $500
b. Check must be account closed or forgery.
c. Check writer must be identifiable by victim/witness.
d. Check must be from within the area targeted by DA.

NOTE: If you don't know the person you are dealing with and you extend the
same sort of trust you would to your best friend, then you have to accept a
certain amouint of responsibility if things don't work out as planed. You
have a duty to protect yourself and you have to be smart about it, right?

Last little tidbits you should know... almost all States in the US have a
consumer protection law that says a buyer can return anything within 48 hours
and you must refund their money, if the item is returned in good order.
Sometimes this could be up to 72 hours, but I believe this would be the
absolute time limit. Credit card purchases that go wrong can be resolved
with a stop payment on for almost any reason. A hearing is conducted later
to be sure payment was declined within the bounds of their authority, however
they almost always they side with the buyer.

Nothing I have stated above will prevent you as a seller from seeking relief
through a credit bureau. If you are burned, this is often the only avenue
left.

I have found that if you make a phone call to the other party, behave
maturely and don't jump to conclusions, then state your case clearly, almost
every time you will reach an agreement. Good luck! Caveat emptor!

Jack Lee
Ret. Police Detective
Mediator for the Superior Court
 



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