what is the proper protocol

I have to agree with Ditto - the shipping company will typically start a "search" that can take weeks or months to resolve. I had a lost package with Fedex, 2 months later they found it in the search phase (they said that paint had spilled on it and destroyed the outer label). If the package is delivered late the shipping company will deny the claim, and at that point the seller can only hope the buyer will either pay or return the package.

If I trusted the buyer I would go ahead and refund the money now, but I think it is reasonable to ask the buyer to wait until the search is resolved. The seller takes a big risk if the seller refunds the money while the package is still en route to the buyer.

Surprised there is any doubt on this -- the buyer pays, does not get what he pays for, the carrier specifies it is lost -- seller then reimburses buyer immediately -- ONLY THE SELLER CAN COLLECT on the loss. If the carrier then recants and denies that it was lost after saying it was, delivers to the original buyer and refuses to pay the claim, the carrier should be taken to court for incorrectly stating something that led to a loss.

I was the buyer in such a transaction and could not believe that the guy would just keep my money, refuse to sign over the parcel loss collection rights, then be able to DOUBLE collect from UPS. I initiated a PayPal claim, but before they intervened, UPS paid up and he paid me -- months after the transaction. Then he threatened a negative rating if I gave him one.

I wimped out with a neutral and explanation -- he reciprocated same. Bad bad business -- shame on that kind of weasel.

Unless otherwise negotiated, the BUYER bears the risk of loss during transportation. Therefore, the seller has no obligation to reimburse the buyer until he (the seller) receives payment from shipping company.

Just beware for international transaction as you have no recourse once money is returned..It is reasonable for buyer and seller to wait.. both parties should understand as risks cannot just be unilateral.. unless you are a big manufacturer who has added cushion for loss.. not small peanuts like me.
i learned the hard way losing over 3k..be careful out there..

Umaasa...this is a good question, but judging by the response so far there clearly is no proper protocol. As of this writing 7 of the responses feel the seller should take responsibility and 6, including myself, feel that the buyer is at risk. This discussion, including claims involving damaged items, is not new to Audiogon and always seems to go both ways to varying degrees. In the past I would have said that Nhtrans's opinion that the buyer bears all the risk was generally accepted here, but obviously not everyone is in agreement with that statement.

Since there is no established protocol the obvious solution is for buyers to take the responsibility to communicate clearly with the seller to establish what the protocol is for the current transaction and hope that in the event of lost or damaged equipment both parties honor the agreement.

As I have indicated above, my opinion is that the buyer is at risk. Warrenh makes the comment that “it’s a bummer for the seller, but that’s business.” I have to disagree with this statement because by and large this is not business, but a group of hobbyists buying and selling used audio equipment and software (I am not referring to those running a business and selling on Audiogon). We come to Audiogon because we do not want to pay retail, but rather to take advantage of the depreciation of used equipment. Along with the often significant savings of buying used items certainly comes some risk: more often than not, no warranties – it could require repair work a few days or months after it arrives; no guarantee of how it has been taken care of or how accurately it has been graded by the seller; how well it will be packaged even if original packing materials have been retained; and finally the risk of putting it in the hands of a shipping company rather than picking it up or having your local dealer deliver. In most cases the seller is already taking a loss, sometimes a huge loss, so how is it fair that the seller is responsible if the carrier screws up? Certainly the seller should do all that is necessary to file and follow-up on the claims in a timely fashion, but if the buyer does not want any risks then they should either buy new or only locally available used gear (or used gear from an established dealer who accepts the shipping risks). Even then, if there is no warranty you may end up with a repair bill, something you should always keep in mind when buying used.

Bottom line…buyers need to communicate clearly with the sellers before making payment so they know as best as possible exactly what to expect from their transaction. If the seller is willing to take both a loss on their gear and the risks associated with shipment that's great for the buyer, but it should be the responsibility of the buyer to find that out before sending their cash. If you do not and something goes wrong you should not fault the seller for having a different opinion from you on who should be inconvenienced by the lengthly claim process. Finally, if the seller is not offering terms that you are comfortable with then look for another seller.