Legal opinion sought
Printed From: The Fishing Website
Category: Saltwater Fishing
Forum Name: The Briny Bar
Forum Description: The place for general chat on saltwater fishing!
URL: https://www.fishing.net.nz/forum/forum_posts.asp?TID=139245
Printed Date: 27 May 2026 at 4:37pm
Topic: Legal opinion sought
Posted By: Pcj
Subject: Legal opinion sought
Date Posted: 02 May 2025 at 5:15pm
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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" |
Replies:
Posted By: v8-coupe
Date Posted: 02 May 2025 at 5:25pm
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 |
Pcj wrote:Posted By: Pcj
Date Posted: 02 May 2025 at 5:30pm
------------- "Times up" |
Posted By: v8-coupe
Date Posted: 02 May 2025 at 5:55pm
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. ------------- Legasea Legend Member |
Posted By: Alan L
Date Posted: 02 May 2025 at 7:16pm
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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 ------------- Legasea Legend member |
Posted By: Pcj
Date Posted: 02 May 2025 at 7:19pm
------------- "Times up" |
Posted By: Mc Tool
Date Posted: 02 May 2025 at 7:28pm
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 |
Posted By: Pcj
Date Posted: 03 May 2025 at 5:06am
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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" |
Posted By: Pcj
Date Posted: 07 May 2025 at 11:42pm
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Finally went today. Thanks all for input
------------- "Times up" |