What can I do?

[Old Steve]

I got a job in Australia. Before I left, in October or September, I left my bike with a bike shop to sell on my behalf. Had to pay a $50 marketing fee for TradeMe and Motorcycle Trader listing, and a $200 deposit which was non-refundable if I withdrew the bike from their lot and sold it myself. I also agreed to a commission of 10% of the sale price. That is all fair, no worries there. The rego (and probably the WOF) was due to run out January, I was OK for them to reregister it for 3 months and warrant it if need be and take that off the final payment.

Couple of weeks ago my wife received advice that the bike had been sold and was being delivered to Christchurch that weekend. Right now, the bike is not on the bikeshop's lot, we have received advice from the vehicle registration authority that it has been sold with the registration not paid, and we have received no money from the bikeshop. They say the finance is being arranged.

I think they have breached their duty of care as my agent. Could I demand that they pay me immediately and assume the responsibility for recovery of the money themselves? I think it was their duty not to deliver the bike until payment had cleared.

If you are a KB member and have just bought a 2010 orange Suzuki Boulevard M50 (see avatar) from Tauranga, PM me and let me know what the hold up with payment is - or when you made payment if you have done so.

[Zedder]

This is all I could find on the subject Steve: http://www.legal-zone.co.uk/civil-QA13

[Banditbandit]

Chances are that the buyer has organized finance through the shop and it is all approved - but the shop has yet to receive the money from the finance company ... the shop's policy is probably to release trhe bike when the finance is approved - it will be their standard practice ... because they know the money is coming

Don't panic quite yet ...

[jellywrestler]

have someone do a drive by and Flour Bomb their Chicken coop.

[HenryDorsetCase]

I got a job in Australia. Before I left, in October or September, I left my bike with a bike shop to sell on my behalf. Had to pay a $50 marketing fee for TradeMe and Motorcycle Trader listing, and a $200 deposit which was non-refundable if I withdrew the bike from their lot and sold it myself. I also agreed to a commission of 10% of the sale price. That is all fair, no worries there. The rego (and probably the WOF) was due to run out January, I was OK for them to reregister it for 3 months and warrant it if need be and take that off the final payment.

Couple of weeks ago my wife received advice that the bike had been sold and was being delivered to Christchurch that weekend. Right now, the bike is not on the bikeshop's lot, we have received advice from the vehicle registration authority that it has been sold with the registration not paid, and we have received no money from the bikeshop. They say the finance is being arranged.

I think they have breached their duty of care as my agent. Could I demand that they pay me immediately and assume the responsibility for recovery of the money themselves? I think it was their duty not to deliver the bike until payment had cleared.

If you are a KB member and have just bought a 2010 orange Suzuki Boulevard M50 (see avatar) from Tauranga, PM me and let me know what the hold up with payment is - or when you made payment if you have done so.

are they a LMVD? are you dealing with the owner of the business? I would suggest that you do that first. Is there existing finance on the vehicle? if so talk to them about what they've been told.

I think that you are unfortunately an unsecured creditor of this (apparently) badly run business, and you need to be getting the fuck down there and talking to the owner, and getting your money. Do it today. In fact, do it now. Get off the internet and get down there. If a receiver is appointed today you are fucked and burned. Get down there.

Oh wait, you're in Australia? Get a lawyer in Tauranga to go to war with them.

[Zedder]

are they a LMVD? are you dealing with the owner of the business? I would suggest that you do that first. Is there existing finance on the vehicle? if so talk to them about what they've been told.

I think that you are unfortunately an unsecured creditor of this (apparently) badly run business, and you need to be getting the fuck down there and talking to the owner, and getting your money. Do it today. In fact, do it now. Get off the internet and get down there. If a receiver is appointed today you are fucked and burned. Get down there.

Oh wait, you're in Australia? Get a lawyer in Tauranga to go to war with them.

Get a lawyer, good idea. He would get about $12.55 back from the whole deal.

[avgas]

Chances are that the buyer has organized finance through the shop and it is all approved - but the shop has yet to receive the money from the finance company ... the shop's policy is probably to release trhe bike when the finance is approved - it will be their standard practice ... because they know the money is coming

Don't panic quite yet ...
What he said

[Zedder]

What he said

Two weeks to get finance? The bike has been sold, Steve got that notification according to his post.

Under the Motor Vehicle Sales act 2003, if a vehicle is sold on consignment (in this case) he should have got his money immediately if he demanded it or within 5 working days if he didn't.

[Old Steve]

Don't panic quite yet ...

Quite right Banditbandit - just got an e-mail saying the money has gone into my bank acct. That's all a relief, I knew was dealing with a reputable company but just got worried by the delay and being a couple of thousand kms away.

[Banditbandit]

Quite right Banditbandit - just got an e-mail saying the money has gone into my bank acct. That's all a relief, I knew was dealing with a reputable company but just got worried by the delay and being a couple of thousand kms away.

Glad it worked out for you then

[p.dath]

Chances are that the buyer has organized finance through the shop and it is all approved - but the shop has yet to receive the money from the finance company ... the shop's policy is probably to release trhe bike when the finance is approved - it will be their standard practice ... because they know the money is coming

Don't panic quite yet ...

+1. I would not be getting worried yet. Everything sounds very normal.