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View Full Version : I'm in a strange pickle.


Capnted
09-22-2012, 12:48 AM
I'm in a strange pickle. you have been of great help in the past. Maybe someone has an idea for me t pursue.

I sold my '76 on eBay in December, 2011 & was paid in full via bank transfer. The buyer has never picked up the motorhome & isn't responding to email or phone message.

You may think--wow--he's got the money and the motorhome. What's he complaining about?

I've been storing, insuring, maintaining, and licensing (because I have to move it) it for more than 8 months. it's still in my name. If it gets damaged, stolen--or if it breaks down--am I responsible?

What if he's dead?

I've spent the afternoon trying to find out if eBay can help--if the buyer's still under Buyer Protection. They want no part of it. Since the deal is more than 6 months old, the transaction and the buyer's account are gone from eBay. I can't even submit a case to the Resolution Center because it requires both a valid item number and account id to submit the form. I tried to get an address so I could submit a letter to prove i tried--but they wouldn't give me one.

I've just been given notice that i have to move the coach. I can't find anywhere cheap--except free where it will be pretty unprotected.

What if he's dead? What if he shows up after a year and I've resold the coach? I could relist it & keep the proceeds is escrow--but what if it's less than the amount he paid me?

The cost of storage, insurance, licensing and maint--probably a new battery to move it since it's been a while--is really starting to hurt. Getting a legal opinion will likely cost another $1000.

It's a quandary. Any suggestions?

TIA

Ted
Florida

Neweller
09-22-2012, 01:23 AM
Ted, that is an interesting pickle you are in. And being an avid ebayer for over 10 years know how they can be. This is not a $50 item and could turn into a big

problem if you don't dot every i and cross every t. How far away is the guys address from you? He may have not died but had a medical issue or something come up. I

had a ebay deal for a piece of equipment and received the money but was waiting for a response from the buyer for a couple of months after the item was returned to

me. It turned out he had a stroke and the wife contacted me finally and so I refunded the money back. Yours has been a much longer period of time. I would think

something similar happened. The guy could have died and there could be a probate issue going on and if that's the case you there could have an issue. I know if you

can prove you did all you could to contact this guy like send him a registered letter and if it comes back to you, I would then file an abandonment claim or lien with

your local county dept. following whatever procedures they may require and resell the unit and be done with it.

NewellCrazy
09-22-2012, 01:31 AM
Hi Ted,

What a Spot your in. However I looked up the Minnesota abandoned tangible personal property Law as of 2011 for you.

345.75 ABANDONED TANGIBLE PERSONAL PROPERTY.

The ownership of abandoned tangible personal property that is not subject to any other provision of statute may be transferred as provided by this section.
If property has not been removed within six months after it comes into the possession of a person, it is abandoned and shall become the property of the person in possession, after notice to the prior owner. Thirty days' notice that the time period has elapsed and that the ownership will be transferred at the end of the 30 days shall be given to the prior owner personally or by certified mail, which is actually received. If the name of the prior owner is not known, and cannot be ascertained with reasonable diligence, three weeks' published notice shall be given in the county where the property is located. The prior owner or another person claiming an interest in the property may petition the district court to stay the transfer of ownership for a reasonable period to allow the removal of the property. The transfer is stayed while the petition is pending before the court.

Capnted
09-22-2012, 01:50 AM
Thanks--this happened in FL but they have similar laws. I'll have to take out a newspaper ad. Good advice. It's tricky, tho. Technically, it's still mine.

When he bought it he told me he lived in Ontario and worked in Africa. He has property in FL--but I don't know where. Emailed me that he was coming down to pick it up & I never saw him. He finally got back to me & said he'd gotten sidetracked--bought a house instead.

Neweller
09-22-2012, 03:59 AM
Ted, drop in and let us know how it all works out for you. I'm sure there are plenty of more ready buyers for the next go around.

Chester B. Stone, Jr.
09-22-2012, 06:38 PM
Ted, my advise is to bite the bullet and hire an attorney. Most likely you can recoup the cost either by selling the coach or a mechanic's lien.

bigcatwally
09-22-2012, 11:15 PM
That's odd the buyer would just ignore all calls and emails?:confused: I wonder what happened to him? :huh: Whatever happens I hope it all works out for you. :nod: Keep us posted.