Sold a boat on consignment, no bill of sale produced.

[waterman74]

What is the name of your state (only U.S. law)? Florida


So the dealer sold the boat for me on consignment, he was suppose to get 10%. The problem is, I've asked for a bill of sale twice and he hasn't produced one.I'm a little skeptical, so my next step is to go in his office and ask to see it. If he can't produce one or tells me to come back later, I'm going to assume that he sold it for more. Are there any other actions I can take short of asking the buyer what he paid for it, assuming I can get his our her name and address?

Thank you very much.

 

[waterman74]

bump??? anybody?

 

[tranquility]

What did your consignment contract say on the matter?

 

[waterman74]

The contract doesn't state anything regarding them providing a receipt. I went in today, and asked to see a receipt, they told me that it had been moved to their offsite building and could not provide one. They also have said that they did a lot of work to get the boat ready to sell, but are not charging me for that. The boat has been there a year and a half and they just wanted to get it sold. The boat was not there, has been shipped out of state already, but the bank has not received the payoff. At this point I'm not sure if I believe them or not, they have moved to a better and nicer location and seem to be doing well. If they were ripping people off seems like they wouldn't be doing so well, but maybe that's why...I'll take any advice I can get and be thankful for it.

 

[tranquility]

Then, take your money and leave. Unless you have a reason to believe they are lying to you, you really can't sue them for anything without risking paying for everyone's attorney(s) and other damages.

If you wanted a cause of action, let's call it intentional or negligent misrepresentation. You could sue on that and would get discovery to prove if you were right or not. But, without a reasonable belief they misrepresented something to you they can counter sue for malicious prosecution. Also, I suspect your contract has an attorney fees provision in it as well.

 

[waterman74]

ok, Thanks very much. Still waiting for my money, but I guess I'll have to trust that it was a legit deal....Thanks again