Legal opinion sought

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    Posted: 02 May 2025 at 5:15pm
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Titanium
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Have a little dilemma and dont know what to do.
Sold a Lathe on TM for 4k. Sold 20/4/25 funds received via bank on 23/4/25 Buyer turned up on 24/4/25 and took loose items,spare chucks/threading tools/gear cutting tool etc and said will back 25/4/25 at 1.00pm.No show.
Rang and left message,text same message and finally sent email.No response.    Repeated process last night and got a email. "Will pick up when I am good and ready and not before"

I need the room so what are my obligations?? Can put outside under cover?relist it??

Contact TM seems impossible cannot find a email address for them,been through TM selling/buyer obligations to no avail.

Can some one advise what I can do now. Refund is not an option as he has taken gear worth  2k +

Thanks

Paul
"Times up"
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Post Options Post Options   Likes (0) Likes(0)   Quote v8-coupe Quote  Post ReplyReply Direct Link To This Post Posted: 02 May 2025 at 5:25pm
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Titanium
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Originally posted by Pcj Pcj wrote:

Have a little dilemma and dont know what to do.
Sold a Lathe on TM for 4k. Sold 20/4/25 funds received via bank on 23/4/25 Buyer turned up on 24/4/25 and took loose items,spare chucks/threading tools/gear cutting tool etc and said will back 25/4/25 at 1.00pm.No show.
Rang and left message,text same message and finally sent email.No response.    Repeated process last night and got a email. "Will pick up when I am good and ready and not before"

I need the room so what are my obligations?? Can put outside under cover?relist it??

Contact TM seems impossible cannot find a email address for them,been through TM selling/buyer obligations to no avail.

Can some one advise what I can do now. Refund is not an option as he has taken gear worth  2k +

Thanks

Paul

Stick it outside and under a cover being sure to let the buyer know that is what you are doing. 
Ball is then in their court.
Take care.
Legasea Legend Member
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Post Options Post Options   Likes (0) Likes(0)   Quote Pcj Quote  Post ReplyReply Direct Link To This Post Posted: 02 May 2025 at 5:30pm
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Titanium
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Location: papakura
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Originally posted by v8-coupe v8-coupe wrote:

Originally posted by Pcj Pcj wrote:

Have a little dilemma and dont know what to do.
Sold a Lathe on TM for 4k. Sold 20/4/25 funds received via bank on 23/4/25 Buyer turned up on 24/4/25 and took loose items,spare chucks/threading tools/gear cutting tool etc and said will back 25/4/25 at 1.00pm.No show.
Rang and left message,text same message and finally sent email.No response.    Repeated process last night and got a email. "Will pick up when I am good and ready and not before"

I need the room so what are my obligations?? Can put outside under cover?relist it??

Contact TM seems impossible cannot find a email address for them,been through TM selling/buyer obligations to no avail.

Can some one advise what I can do now. Refund is not an option as he has taken gear worth  2k +

Thanks

Paul

Stick it outside and under a cover being sure to let the buyer know that is what you are doing. 
Ball is then in their court.
Take care.
That is my thought too.But what if rusts etc as I know doent correspond too wll.Even asked a question on his listing no reply
"Times up"
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Post Options Post Options   Likes (1) Likes(1)   Quote v8-coupe Quote  Post ReplyReply Direct Link To This Post Posted: 02 May 2025 at 5:55pm
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Titanium
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Originally posted by Pcj Pcj wrote:

Originally posted by v8-coupe v8-coupe wrote:

Originally posted by Pcj Pcj wrote:

Have a little dilemma and dont know what to do.
Sold a Lathe on TM for 4k. Sold 20/4/25 funds received via bank on 23/4/25 Buyer turned up on 24/4/25 and took loose items,spare chucks/threading tools/gear cutting tool etc and said will back 25/4/25 at 1.00pm.No show.
Rang and left message,text same message and finally sent email.No response.    Repeated process last night and got a email. "Will pick up when I am good and ready and not before"

I need the room so what are my obligations?? Can put outside under cover?relist it??

Contact TM seems impossible cannot find a email address for them,been through TM selling/buyer obligations to no avail.

Can some one advise what I can do now. Refund is not an option as he has taken gear worth  2k +

Thanks

Paul

Stick it outside and under a cover being sure to let the buyer know that is what you are doing. 
Ball is then in their court.
Take care.
That is my thought too.But what if rusts etc as I know doent correspond too wll.Even asked a question on his listing no reply

If you have let them know what you intend or are doing, then the responsibility is theirs.
They will know a lathe sitting outside will rust up, even under a cover.
You could be nice and oil/grease up the slides/lead screws/chuck/tool post et al to help fight off said corrosion.
Let the winner know that as well.
It is the winner's responsibility to collect as soon as possible, just as it is the seller's responsibility to ship an item as soon as possible once won.
Good luck.
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Post Options Post Options   Likes (0) Likes(0)   Quote Alan L Quote  Post ReplyReply Direct Link To This Post Posted: 02 May 2025 at 7:16pm
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Titanium
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Agree with above. 
Not the easiest thing to transport.
Look at it this way - if it ends up in court - how do you look?
Do you really need to move it right now? Compelling reason etc. If that answer is yes, and you are comfortable with that - as said above - let him know, and move it. You had every reason and hopefully the court would agree.
Did you take all reasonable steps under the circumstances to preserve it for him - whenever that may be? As stated above, do what you can, and keep the buyer informed.
Basically for your sake, it needs to be clear you have been completely reasonable, and ,maybe even gone above and beyond.
Just don't put yourself in a position where you compromise your position.
Good luck.
Bit weird really, but the guy may have issues trying to organise transport. I bought mine a km or so down the road, and took it home on the back of my tractor. Not an option available for eveyone.
Alan
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Post Options Post Options   Likes (0) Likes(0)   Quote Pcj Quote  Post ReplyReply Direct Link To This Post Posted: 02 May 2025 at 7:19pm
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Titanium
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Originally posted by Alan L Alan L wrote:

Agree with above. 
Not the easiest thing to transport.
Look at it this way - if it ends up in court - how do you look?
Do you really need to move it right now? Compelling reason etc. If that answer is yes, and you are comfortable with that - as said above - let him know, and move it. You had every reason and hopefully the court would agree.
Did you take all reasonable steps under the circumstances to preserve it for him - whenever that may be? As stated above, do what you can, and keep the buyer informed.
Basically for your sake, it needs to be clear you have been completely reasonable, and ,maybe even gone above and beyond.
Just don't put yourself in a position where you compromise your position.
Good luck.
Bit weird really, but the guy may have issues trying to organise transport. I bought mine a km or so down the road, and took it home on the back of my tractor. Not an option available for eveyone.
Alan
He was going to come back in his truck with tail lift.
"Times up"
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Post Options Post Options   Likes (1) Likes(1)   Quote Mc Tool Quote  Post ReplyReply Direct Link To This Post Posted: 02 May 2025 at 7:28pm
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Originally posted by Alan L Alan L wrote:

Bit weird really, but the guy may have issues trying to organise transport.


Or his wife just twigged and the proverbial has hit the matrimonial fan .

And I wouldnt waste my time with trade me , they will sit on the fence , play one off against the other and think only of themselves........IF you cant get in contact at all .
Tell buyer you will charge storage
I wish I was young again .... Id be heaps smarter than this time
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Post Options Post Options   Likes (0) Likes(0)   Quote Pcj Quote  Post ReplyReply Direct Link To This Post Posted: 03 May 2025 at 5:06am
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Titanium
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Got some communication late last night. His son will be in touch on Sunday night re pick up. So we will wait  and see. 
"Times up"
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Post Options Post Options   Likes (0) Likes(0)   Quote Pcj Quote  Post ReplyReply Direct Link To This Post Posted: 07 May 2025 at 11:42pm
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Titanium
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Finally went today. Thanks all for input
"Times up"
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