The seller, ideally should have posted (or provided) pictures of what they are selling. So there should be a baseline amount of evidence that the item in question exists.
That doesn't prove anything if the scammer can get the real owner to post
a picture with the scammer's name. But even if he has it, that doesn't prove sending it.
In the event of a dispute, it will be up to the buyer and seller to provide as much evidence as they can to prove they are in the "right" and that the other party is in the "wrong". This may include providing video evidence of packing the box the item is being shipped in (or in the case of the buyer, of opening the box the item was shipped in). Other evidence may include photos of the item that is claimed to have been received.
It's trivally easy to make changes to the content of the box after filming and before shipping. Or the buyer can reseal the box and then start filming.
I have a special folder in my PM inbox for templates for escrow agreements that I used years ago when I would act as an escrow agent. Below is one template that I would use, and both parties would need to agree to these terms:
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In the Event of a dispute, then I will attempt to mediate it to ensure a fair resolution, however if I am unable to be very certain that I am making the correct decision, then I will consult the moderators, and community via the scam accusations section.
That doesn't sound airtight, and it's not even a physical item.
I stand by this:
This is what I would have expected:
- Buyer and seller provide payment and shipping details to escrow.
- If all agree on all terms, buyer pays escrow and seller sends product to escrow.
- Escrow verifies product.
- Escrow releases product and payment only if everything is okay.