QUESTION

Write a contract to dissociate all liabilites from a transaction?

Asked on Dec 23rd, 2014 on Contracts - California
More details to this question:
Hello. I'm selling digital assets online and I use PayPal and I have had cases in the past where the buyer files a dispute with PayPal and claims that they never received the item. Unlike items that require shipping and can be tracked, it is, legally speaking, very difficult to prove that a digital item has been delivered and so almost every dispute always goes in favor of the buyer. When you submit PayPal invoices however, you can enter your "Terms and Conditions" that apply if buyer pays. I'm wondering if there is a way I can create a binding contract that makes all future transactions undisputable. Is there a way for me to completely dissociate all liabilities as a seller and have the buyer agree that he cannot dispute no matter what? I realize that such a contract would mean less customers, but I'd rather deal with fewer but safe, than many but risky. Thanks!
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1 ANSWER

Business Transactions Attorney serving Los Angeles, CA at Doland & Fraade
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Both credit card disputes and PayPal disputes can be very unfair to the seller. As a lawyer, that's why my firm does not accept either (because it's even worse for services than for products!) A good lawyer can review your terms and conditions and improve them but any lawyer that tells you that all future disputes can be eliminated is not being realistic. Minimized, yes; eliminated no. Attorney fee provsions to the prevailing party can go a long way in this regard, but beyond that the details of your industry and your business need to be considered. 
Answered on Dec 24th, 2014 at 1:07 PM

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