No good deed goes unpunished. What to do?

[dtw]

I'll try to make this short:

-Out of town Pelicaner creates a post, he needs a bunch of parts picked up near my town because the seller is moving away and needs the parts gone ASAP. Buyer won't be able to drive up to retrieve the parts before the seller moves away to his new home. I respond and pick up the parts.

-Buyer assures me he will be by soon to pick up his parts and offers to to let me sell the parts he doesn't need (he picked up a parts 'lot') and split the profits. I decline to sell parts, as most of them are large and difficult to ship (doors, bumpers, etc.).

-Continued lip service that he will come pick up the parts ASAP.

-My last PM to this buyer was on 12/15, and it has gone unread. No responses to emails.

-I've got an entire 911 worth of exterior panels and glass plus some other parts cluttering up my home now, they aren't mine, and the buyer/owner won't respond to messages.

-I picked them up around 10/13/2005, it is now nearly January. I think I've extended more than enough "grace storage time".

What the hell am I supposed to do now?

Edit: This situation was never resolved and Mark Maunz (moniker: markmaunz) was the member in question. See pg. 2 for additional info.

[FrayAdjacent911]

First off, are you out any money on the deal? If you actually paid for the stuff, then picked it up, so that you can pass it off to the 'buyer' and then be reimbursed... well, the stuff is yours now.

I'd send one last email saying that if he does not contact you within a couple more weeks, you will assume that he has abandoned the parts, and will sell them off.

If you get no response, sell the parts off.

[vash]

oh man, i am slightly OCD, i would go insane. i hate clutter.

sorry, i dont have a suggestion. (i am an angry person, i would put a "free" sign on it. ) any good parts?

[Rot 911]

Post his name here. Maybe someone knows him and can contact him. Failing that, you are under no legal obligation to keep the items.

[VaSteve]

Tell me what you have and when you're putting it out as free. If there's something I need, I can drive to Raliegh in 4 hours

[pwd72s]

I'm no lawyer, so I suggest you contact one. The cost shouldn't be much to CYA on this. I would think there is a series of steps you'd need to go through before disposing of the goods. Registered snail mail letter, perhaps a time period required by local laws, etc.

[sammyg2]

I'm not a lawyer and I didn't stay at a holiday Inn express last night, but here's my take on it:

There is a statute of limitations regarding personal property, I've heard it is 90 days but don't hold me to that. If after the parts are unclaimed even when all reasonable attepts to contact the "owner" are made and the determined time has run out, then he looses all rights to the property.
You are legally free to dispose of the property as you see fit.
There is a big difference between legal and moral obligations but that's a personal issue. Seems to me you have tried to be the stand up guy so no problem there in my opinion.
I would give him a little more time, do some more research, then get rid of the junk.

[dtw]

The majority of the parts are junk. The exterior panels aren't in spectacular condition and there's not much there for mechanical stuff. I don't have any money in the game thus far other than two trips to pick this junk up in my thirsty F150 on some of that $3.10 Katrina gas. Any money I can recover from selling the easy-to-ship parts will pay for my gas but is not otherwise particularly valuable.

I'll not post the guy's name at this time, I don't want to start yet another witch hunt.

I will be pissed if I have to pay a lawyer for a consultation to figure out how to rid my home of this pile of junk. Guess I'll try to ask around or do some research online. What a pain...

[LakeCleElum]

We all get busy during the holidays, but that in-excusable!!!!!!! One more change and then: FREE FOR LOCAL P/U.

[KFC911]

Dave, is this a Pelican member that's been around for a while? Sometimes 'life issues' come up, but keeping you hanging for 2 1/2 months is rediculous...good luck!

[masraum]

sell the stuff. There should be enough local folks that'd help get rid of anything difficult to ship.

[JeremyD]

Give him a due date via email.

"If it's not out of here by 1/X/05 - I'm giving it away."

[greglepore]

I'm an atty, but not in NC, so I'm giving you advice you rely upon at your own peril. First, you have no "legal" obligation, as unless there was some kind of mutual promise or money changing hands, there's no "consideration" necessary to make a contract. Second, you're not a "bailee" as you don't have the goods "for hire" or as part of some other business transaction.

What would I do? Send the guy one more pm, and email if you have his email address, telling him that you intend to dispose of the parts as you see fit by x date unless he arrives before then to retrieve them. At that point, sell them, put them on the for sale board, give them away, let the scrapman take them. Money is yours.

[KFC911]

Originally posted by JeremyD
Give him a due date via email.

"If it's not out of here by 1/X/05 - I'm giving it away."

I like your style Jeremy, but 1/X/05 ?

[Scooter]

I can't agree with you Greg regarding bailment. Just because it was not for hire, does not define who is or is not a bailee. This sounds like possible actual, constructive or involuntary bailment. There are duties involved with bailment, like duty of care. There are also liens that may be imposed and foreclosure of liens on property in possession that are possibilities. I would do some research in your State regarding bailee rights and call an attorney for clarification.

[austin552]

I will come and take the parts from you or buy windshield and turbo fenders.

[chrisp]

If you know what he paid then sell the lot and recoup his money plus what you want for gas. Take out the gas money and put the the rest in an envelope and file it away. Even if it gets ugly he can't claim that he's due any money. Plus, an envelope of cash is easier to store than a diassembled car

[Don Plumley]

Send letter via Registered Mail with Proof of Delivery. Provide a "remove from my premises by date x" statement, otherwise "parts to be disposed.". Don't rely upon email for "legal" matters, too many outs. My ISP messed up, I got a new mail account, your mail was blocked by my spam filter, sun in my eyes...

FWIW.

[VaSteve]

Originally posted by Scooter92
I can't agree with you Greg regarding bailment. Just because it was not for hire, does not define who is or is not a bailee. This sounds like possible actual, constructive or involuntary bailment. There are duties involved with bailment, like duty of care. There are also liens that may be imposed and foreclosure of liens on property in possession that are possibilities. I would do some research in your State regarding bailee rights and call an attorney for clarification.

It's been a while since business law....Why does Dave get stuck with a bailment problem when every parking garage (on earth) says "not responsible for fire, theft, etc."?


This sounds like a gentleman's agreement and one party has ceased being a gentleman.


How come lawyers always say "consult a lawyer?"

[Shaun @ Tru6]

hmmm. parts and BBQ and beer. Can you wait until mid January Dave? will it all fit in the Jeep?