Just wondered if anyone here can help me with something.
I sold my caravan awning to someone in the North Island, who paid for it a couple of months ago, and agreed to arrange her own freight. I made it clear at the time that I needed the money for something specific, so once she agreed to buy the item, there would be no refunds. She is adamant she still wants it, but after four months it is still here, and every time I touch base to ask when it is being picked up, there is always an excuse for why she hasn't organised it yet. Our first contact around this purchase was back in April, so I think I have been pretty accommodating, holding onto it for this long.
Do I have to hold it indefinitely until she eventually organises a friend or freight company, to come and get it, or can I legally dispose of it one way or another, after a certain period of time?
P.S. I even let her pay this off in instalments until it was fully paid for.
Quote from: Untamed on Aug 06, 2024, 07:59 PMJust wondered if anyone here can help me with something.
I sold my caravan awning to someone in the North Island, who paid for it a couple of months ago, and agreed to arrange her own freight. I made it clear at the time that I needed the money for something specific, so once she agreed to buy the item, there would be no refunds. She is adamant she still wants it, but after four months it is still here, and every time I touch base to ask when it is being picked up, there is always an excuse for why she hasn't organised it yet. Our first contact around this purchase was back in April, so I think I have been pretty accommodating, holding onto it for this long.
Do I have to hold it indefinitely until she eventually organises a friend or freight company, to come and get it, or can I legally dispose of it one way or another, after a certain period of time?
P.S. I even let her pay this off in instalments until it was fully paid for.
Did you agree on a pickup date? If yes, its easy ... if that's passed you can send her a notice setting her a short time to remedy the situation and explain what you are doing if she doesn't (like disposing the caravan otherwise).
If there is no agreed pickup date, set one.
Obviously - if you dispose of the caravan you need to pay the purchase price (minus reasonable cost) back. More interesting is if you sell it now for a lesser price. In my view you could as well deduct any selling losses, but this is something I'd run along a lawyer first.
Whatever you do - make sure, there is a paper trail ... and you can prove she got your communication.
Quote from: BlackPeter on Aug 07, 2024, 10:43 AMDid you agree on a pickup date? If yes, its easy ... if that's passed you can send her a notice setting her a short time to remedy the situation and explain what you are doing if she doesn't (like disposing the caravan otherwise).
If there is no agreed pickup date, set one.
Obviously - if you dispose of the caravan you need to pay the purchase price (minus reasonable cost) back. More interesting is if you sell it now for a lesser price. In my view you could as well deduct any selling losses, but this is something I'd run along a lawyer first.
Whatever you do - make sure, there is a paper trail ... and you can prove she got your communication.
It's an awning, not a caravan. I have all our messages and emails. She seems a nice person but she just keeps procrastinating on the pick up. I sent her a message last night saying this is now getting really frustrating. I told her I have had to spend some of the money (white lie) as I couldn't wait any longer to use it, so there can be no refund. I have also made it clear I take no responsibility for the awning while it is still in my possession- it is her awning now, not mine, so she needs to arrange collection.
I will email my lawyer and see what they say, but I cannot see how I would legally be expected to sit on this indefinitely. There surely must be a point where I have no obligation to do that.
Anyway, thanks for the advice. Appreciate it.