ATV Sale

[kmac89]

Live in Indiana and i sold a ATV two years ago on ebay. The buyer paid in full and said he would pick up in three months. I didnt hear from him for six months he siad he would have a shipping company contact me right away. I didnt hear from him for another six months. i sent him a letter giving him 30 days or i was then going to sell it for the rent i charged for storage. He then called and said he would have a shipping company contact me right way now it has been another six months i have sold he ATV and he wants his money. Do i legally have to give him anything. I sent the letter certified mail and have a signature.

 

[justalayman]

where along the line did you tell him you were intending on charging him for storage? You cannot just start charging storage without an there being some form of agreement.

 

[kmac89]

atv

when he called me after six months i told him if he didnt pick it up i would have to start charging because i wasnt able to keep it in my garage forever

 

[swalsh411]

So what are your actual storage costs?

 

[justalayman]

when he called me after six months i told him if he didnt pick it up i would have to start charging because i wasnt able to keep it in my garage forever

so, what was the agreed upon storage fees?

 

[kmac89]

atv

there was nothing we ever agreed upon i just told him i would hav eto start charging him then i never heard from him for six months that when i sent the letter giving him 30 days to pick it up or he forfeited the quad.

 

[justalayman]

send him his money. If you have a claim, it is pretty weak.

 

[swalsh411]

You can't just make up a number.

 

[kmac89]

atv

ok well he never agreed to pay storage so i guess there was no agreement but am i really supposed to keep it for free till he picked it up

 

[justalayman]

ok well he never agreed to pay storage so i guess there was no agreement but am i really supposed to keep it for free till he picked it up

no but you failed to attempt to rescind the sale previously

 

[sandyclaus]

ok well he never agreed to pay storage so i guess there was no agreement but am i really supposed to keep it for free till he picked it up

What you SHOULD have done is notified him, IN WRITING, that effective as of X date, either he picked up the ATV, or you would charge them X dollars per day/week/month until it was taken off your property. That would have given him sufficient notice of your expectations that he take possession or that he would start accruing specific storage costs. Since you did not properly notify them, nor did you give the buyer a SPECIFIC timeframe nor SPECIFIC storage costs, then you cannot now come up with a number out of thin air.

It's your fault that you waited and held onto the ATV for this long. If it had been me, I would have been absolutely clear on my expectation that the property be removed promptly or that a storage charge would be incurred.

Give them back their money in full, and sell the ATV to someone else.