Question on Abandoned Property

[TPK]

Soc,

This is business related dilemna.

Back in Jan of this year I sold a guy a machine. He drove to NJ from Michigan and removed all the tooling (tools designed to properly use it ie cut metal etc). He left the machine here, this is considered "partial" removal in my industry.

Guy tells me he'll be back to remove the machine "when it gets a little warmer". It certainly was beyond warm here this summer, and soon will get cold again.

I contacted him via phone more than a month ago stating equipment must be removed by end of Sept as we are relocating to Pa. and I didn't want to have to move it.

Tells me he'll arrange removal.

I never heard from him again. It's now approaching our relocating date.

Guy is handicapped, I'd feel a little lousy reselling this equipment, but business is business and this piece HAS to go.

1. Legally, did I give him proper notice to remove the machine by phone?

2. To avoid being sued should I send a certified letter stating exact date of when equipment must be removed?

I'm trying to cover my a$$ so this guy doesn't go legal on me. He did pay me in cash, transaction was in thousands of dollars ($3K) We normally don't invoice cash paying customers unless they demand one.


Thanks

TPK

[socrateaser]

There are actually a huge number of Uniform Commecial Code issues associated with your question, so to be brief:

Send a certified mail letter to buyer stating that on ??/??/????, you will relocate the goods and that you will charge $X for moving costs, and $Y per day for storage costs going forward, beginning ??/??/????. Then state that if buyer does not take possession within 30 days after the goods are relocated, that you will immediatelly begin to attempt to resell the goods in order to cover your costs, and that if any funds remain from the sale, that you will forward those funds to Buyer.

Now, if you already know that your out-of-pocket costs to move the goods will exceed their market value, then you can tell the buyer now, that you reasonably believe that you will be unable to recover your costs, and therefore, it is only reasonable that you attempt to resell the goods before being forced to move them, in order to mitigate your damages, and that you will begin marketing the machine for sale no later than X days before your moving date of ??/??/????.

This way the buyer knows exactly what you intend to do and when you intend to do it, and it's up to him to come get his property.

[TPK]

(nm)