Buyer has paid for items but has not picked them up in over 3 months

[what-girls-want-au]

I sold a number of individually listed  items to a buyer who lives interstate. She told me that she wished to pick these up as they were too fragile to ship. She said she would be in Sydney 8 weeks ago and would collect them then. She paid around $520 Bank Deposit but the individual prices were around $30 each. I have tried to contact her on numerous occasions but have received no response.

I have looked into the Abandoned Goods Act to see exactly what I can do but that seems to apply to Business sellers (which I am not). It is quite confusing because it gives different disposal methods for  values of goods under $100, $100-$500,  & $500 and above. Do I base my decision on the individual prices of the items or the total value?

I  want to do the right thing by the buyer as it is a large amount of money but really don't know what to do. I can't just issue a refund as she paid Bank Deposit. I don't even have a record of the sale in My Ebay anymore.

I really need the items out of my life!!

Hoping someone can point me in the right direction. Thanks in advance

[*crikey*mate*]

Ok, judging by the wording used in the Act (I looked at NSW) and the definition of goods and the related distinction between the use of the words item and items, I believe that if the goods were paid for in one transaction then they have to be collectively valued.

(I didn't read the explanatory memo though)

also, you should have a record of the sale in archives.

you can also request the buyers contact information by

I'm unable to contact my trading partner through email. How do I get their telephone number?

or call eBay by following the "Contact eBay" tab which is found once you click on "Customer Support" up the top right of the page and following the prompts - ie, selling, contacting the buyer

[what-girls-want-au]

Thanks for the clarification Crikey. I did request the contact details but they were not correct.

From memory the user had 0% feedback so I guess I need to continue to wait forever or send a notice of disposal to them & then auction them??? I assume auctioning them on Ebay is acceptable.

[thecatspjs]

My advice is to contact your Office of Fair Trading for general information (they cannot provide legal advice) regarding the legislation that may apply in this situation.

I seriously doubt whether the abanded goods act has any relevance at all.   I think it is the Sale of Goods Act that applies, but thats just my opinion.

I personally would make every attempt to locate the buyers address and write to them at that address seeking collection of the goods within a set time period or if they prefer seek to cancel the contract and return the funds less reasonable costs - personally I would do that asap and retain a copy of the letter, send by registered post with person to person requirement as well as AP advice back that it has been delivered and signed for by addressee.  

The buyers nominated ebay address is usually on the sold email that is automatically sent by ebay to your ebay email when you have a sale, if you don't have this email you could request that ebay send you a copy of this document or a copy of the transaction order form.  

[*crikey*mate*]

Sale of Goods Act 1923 No 1

Current version for 30 January 2012 to date (accessed 2 November 2013 at 06:14)

Part 7Section 60

<< page >>

60   Auction sales

In the case of a sale by auction:

(1)  where goods are put up for sale by auction in lots, each lot is prima facie deemed to be the subject of a separate contract of sale,

[*crikey*mate*]

but I cannot see any reference to handling uncollected goods in the SOG (NSW)

[thecatspjs]

Crikey an ebay auction is not conducted in a way as an auction is usually defined for the purposes of most,if not all, legislation.

IMO an ebay sale forms a sales contract so SoG Act and its provisions are relevant, such as performance of the contract.

IMO a range of clauses in the NSW SoG have particular relevance including clause 40 that covers the liability of buyer for neglecting or refusing delivery of goods (delivery includes collection from seller).  There is also provision in the Act for actions by seller for damages for non-acceptance.

I am not familar with the specifics of all States and Territories, but generally speaking I would think that Abandoned Goods Acts usually only relate to quite particular matters such as goods put in for repair, goods left after tenancy ends etc etc.

[*crikey*mate*]

that's fine catsPJ,

believe what you want.

but you could at least do some research before giving your opinion when you openly admit to not being familiar with specifics.

It is clear that you haven't as The Residential Tenancies Act 2010 sets out the process that a landlord/agent must follow when dealing with goods left behind and how they may dispose of them.

So you actually don't even know what the purpose of the Uncollected Goods Act is!

and s40 of the SOG does nothing more than affirm that the buyer is responsible for incurred expenses, it doesn't say what responsibilities the seller has.

and your first line is bull. refer to the Acts Interpretation Act

[thecatspjs]

IMO and experience, some residential tenancies acts cover disposal of goods, however not all tenancies are residential and not all residential arrangements are covered by the acts. 

?????  the Uncollected Goods Act in NSW specifically relates to goods subject to bailment, which has nothing to do with OPs situation at all. 

I note that I refered to Abandoned Goods Acts as they cover a range of diffferent goods including those I mentioned in an earlier psot.

IMO the SoG Act covers the OPs situation and the OP has a right to take action to pursue remedy or repudiation accordingly.  

[*crikey*mate*]

*sigh*

the OP is in NSW, so I'm gonna have a stab in the dark here and take a wild guess that she probably needs to consider what the law is in NSW.

define bailment in general and then the associated categories

hang on, let me google that for you

Bailment describes a legal relationship in common law where physical possession of personal property, or a chattel, is transferred from one person (the 'bailor') to another person (the 'bailee') who subsequently has possession of the property. It arises when a person gives property to someone else for safekeeping, and is a cause of action independent of contract or tort.

Bailment is distinguished from a contract of sale or a gift of property, as it only involves the transfer of possession and not its ownership. To create a bailment, the bailee must both intend to possess, and actually physically possess, the bailable chattel. Bailment is a typical common law concept although similar concepts exists in civil law (Spain- Depósito).

So, what rights does the seller (the person in posession) have to dispose of something that she doesn't own?

anyway, whatever.