Sold a bus and then the buyer leaves it on the road. Now what?

**sinfull** · 11th September 2011, 09:19

Give ya 1.9 k for it !

**fuknKIWI** · 11th September 2011, 17:47

Posession is 9/10ths of the law

**Indiana_Jones** · 11th September 2011, 18:29

You can ring up NZTA and get it changed to his name if you really want.

If he/NZTA refuse to shift it to his name, pocket the cash and bus

-Indy

**Brett** · 12th September 2011, 13:49

I don't think I would be giving him much of his money back...he took delivery of a vehicle clearly advertised as not road legal. he then proceeded to drive the thing down country and damage it. Who knows how he was driving it up the Rimutaka's? What was he doing taking a bus in uncertain condition up there anyway...what if the brakes had failed?
He chose to take on that risk once he drive away in it, that would be how I would view it if I was on the buying side of the equation as well.
I would call him back and tell him that his bus is available for pick up within 7 days with an additional towage fee of $1,900 and that if he does not pick it up, it will be sold to defray costs with the remaining monies sent to him.

**imdying** · 12th September 2011, 14:23

Tell him where his bus is. He brought it in a private sale, he owns it. Tell him that he has xxx days to remove it, or you'll be charging him storage fees. Send him a bill for the $1900+GST he now owes you for having it towed at his request. Set a final payment date. Once that final date has expired, go to the Disputes Tribunal for the money he now owes you (including the loss of value on the bus due to a now fucked engine). Make sure the hearing is in your town not his. He won't attend, and then won't pay, so then you'll need to get a payment order taken out on him. All very easy, very cheap, very fun. Enjoy. He has paid you for it, he now owns it, the registered ownership (or even possession of the bus) does not constitute ownership. If he takes you to the DT first, then enter a counter claim.

**PrincessBandit** · 13th September 2011, 17:03

Originally Posted by imdying

Tell him where his bus is. He brought it in a private sale, he owns it. Tell him that he has xxx days to remove it, or you'll be charging him storage fees. Send him a bill for the $1900+GST he now owes you for having it towed at his request. Set a final payment date. Once that final date has expired, go to the Disputes Tribunal for the money he now owes you (including the loss of value on the bus due to a now fucked engine). Make sure the hearing is in your town not his. He won't attend, and then won't pay, so then you'll need to get a payment order taken out on him. All very easy, very cheap, very fun. Enjoy. He has paid you for it, he now owns it, the registered ownership (or even possession of the bus) does not constitute ownership. If he takes you to the DT first, then enter a counter claim.

That sounds pretty reasonable to me. methinks conquistador is just too nice for his own good.

**Conquiztador** · 13th September 2011, 17:48

Originally Posted by PrincessBandit

That sounds pretty reasonable to me. methinks conquistador is just too nice for his own good.

Yes, apart from the point where he actually did not ask me to tow it back, he told me that he did not want it and did not care what I did with it. I told him that I would tow it back to HB. But that does not change much.

I will later this week give him the ultimatums and we go from there.

Thanks to all who have given me their input. Highly valuable.

**ducatilover** · 13th September 2011, 18:06

Receipt of sale = it is legally his.
His problem.
He can refund you for towing it, it's fair, you towed HIS vehicle.
You should charge him for your time.
You should charge him for storage.
You should charge him for a possibly angry wife who won't put out.

That is all.

**crystalball** · 13th September 2011, 18:19

Originally Posted by Conquiztador

Yes, apart from the point where he actually did not ask me to tow it back, he told me that he did not want it and did not care what I did with it. I told him that I would tow it back to HB. But that does not change much.

I will later this week give him the ultimatums and we go from there.

Thanks to all who have given me their input. Highly valuable.

Let us know how you get along. he brought it he owns it.

**Indiana_Jones** · 13th September 2011, 18:41

Were the words 'as is, where is' used in the ad at all?

Cause if they were, this guy has pretty much nothing to stand on.

-Indy

**Conquiztador** · 20th September 2011, 19:27

On recommendation of my lawyer I offered him two options with a weeks deadline:

1. I refund his money less the towing fee and the deal is over.

2. He can have the bus as long as he pays the towing fee and then removes the bus from our property.

He has rejected both and tells me he will have his lawyer contact me.

Will update as developes.

**Dadpole** · 20th September 2011, 19:53

The way I see it is option 1 should be an offer to refund his money less the towing fee and the cost of any repairs to the engine and clutch if he stuffed them.

**FJRider** · 20th September 2011, 20:24

Originally Posted by Dadpole

The way I see it is option 1 should be an offer to refund his money less the towing fee and the cost of any repairs to the engine and clutch if he stuffed them.

The $4000 remaining should cover that ...

**paturoa** · 20th September 2011, 20:32

Originally Posted by Dadpole

The way I see it is option 1 should be an offer to refund his money less the towing fee and the cost of any repairs to the engine and clutch if he stuffed them.

+1 for that - he bought it and clearly it is in worse condition that when he bought it.