Consignment sale fraud??

[LBS-bass]

So it sounds like he hasn't paid you, which you didn't say explicitly, you said "no communication."

If that's the case, then I think you can take him to court, but as others have said, check with a lawyer. Someone above asked if his shop is open; there is the possibility that he's having cash-flow problems due to the virus but he should communicate with you on that, if it is the case. It doesn't in any way excuse his keeping your money.

As for a minimum, having worked in instrument sales I do know that often people have an inflated idea of what their used instruments should be worth, based on their original purchase price. I'm not saying that's what happened here, but a high-end, boutiquey type instrument will usually have very narrow appeal and so it's a good idea to specify what you will accept. A consignment seller has the option of holding onto the instrument forever, returning it to you, or lowering the price if it isn't priced correctly to begin with. But it sounds like you weren't dissatisfied with that part of it.

 

[JOME77]

Thanks for all your replies. The issue is not about the price that he sold the bass for. The issue is that he sold the bass a couple of months ago (he told me so after I sent him several emails asking for an update) and then basically never contacted me again.

Yeah. If he didn’t pay you the money (minus his commission) the I’d file a police report. Technically he stole from you. Not sure what state you’re in but anything over $500 is a felony in Georgia.
So sorry you’re in this predicament. So many dishonest people out there.

 

[MultiScaleMale]

Colorado small claims court is limited to $7500, so you'll be ok on the limit. Waiting 90 days to be paid is more than reasonable. I would expect no more than 30 days - he would need to make sure there isn't a reversal on charges or whatever. But you should have been paid by now.

 

[BadSanta1281]

Coming from the car business I have sold scores of vehicles on a consignment basis.

We always had it spelled out in the contract the consignment value to the consignor and lead time for payment after the sale. Any offers that would net the consignor less money would not be accepted without consignor consent. Standard lead time for payment was ten working days after the date of sale.

Whatever the terms are in the contract you both should have signed is what matters.

 

[Pilgrim]

Unless you stated a minimum on the consignment form you’re out of luck. Most places will take whatever at that point. They get their cut no matter what. If you have not received your money then small claims, otherwise be diplomatic and measured while being critical. Don’t rant but lay out the facts, folks listen to that and the shops response will have to address that or look even worse

^^This. Unless you set a minimum IN WRITING, I can't see that you have any recourse.

 

[JOME77]

Colorado small claims court is limited to $7500, so you'll be ok on the limit. Waiting 90 days to be paid is more than reasonable. I would expect no more than 30 days - he would need to make sure there isn't a reversal on charges or whatever. But you should have been paid by now.

One thing is for sure. The longer you wait the less like he is to have the money to pay you.
This happens to a friend of mine in Atlanta and in the end they finally arrested the store owner but by the time it happened he had blown all the money (both his and several others money) on drugs and in the end the only satisfaction they got was seeing him go to jail and rehab.

 

[Charlzm]

Hi my bretheren TB.

I recenty sold a relatively pricey bass (9k+) through a consignment service. Instead of using say, Ghrun or Norm´s, I decided to go local. My reasoning was that I would get to meet the guy in person, shake hands, tell stories, whatnot.

And sure enough, the guy in charge was absolutely charming, we got along pretty well, even liked the same music! I signed a contract and went home, trusting my bass to this guy.

Fast forward 6 months later. The "charming man" sold my bass for around 6K (did not consult me on the price). Then, communication went south. Its been a month since the last time he answered my messages.

This guy basically took my bass on consignment back in January, sold it on march, and has had absolutely crappy communication ever since.

Should I take him to small claims court? (he sold the bass for 6K so it still appplies) Should I just burn him on Yelp and BBB?

The guy seemed to be a a really nice guy, legit. Thats the reson why i am holding back a little bit, However, his FB account, EBAY, and REVERB accounts all show that the guy is making business, posting items, shipping, etc.

Shoul I go medieval on him? I mean, BBB claim, small claims court? have i given him enough of the benefit of the doubt?

Tnanks on advance!

Talk to him in person. That can go a long way towards deciding what to do next.

 

[MultiScaleMale]

I would go the registered letter route so that you have evidence that he is not replying. With email he can claim that he din't receive the email or whatever. With a registered letter you have proof of delivery or proof of rejection. Gives an ultimatum on terms for payment and then follow through with small claims court. He will likely not even show up to court.

 

[DirtDog]

Did you get any money from him from the sale? If so, did you express any reservations you had at that time?

Or is he withholding your cash outright? If the latter, I’d be getting the cops involved.

 

[MultiScaleMale]

Talk to him in person. That can go a long way towards deciding what to do next.

This. I assumed that it already happened. But whatever sob story he gives, remember that he has or had the money that was paid for your bass. That was 80% your money and he chose to keep it. Be firm.

 

[Coolhandjjl]

Did the OP ever state if he got paid?

Another issue is that even if you prevail in court, which is a pain and takes a lot of time, you still may not get your money. If he’s in trouble and irresponsible, he may already have other judgements/liens against any real property he owns and you have to get in line behind the rest of the folks.

 

[MultiScaleMale]

Did the OP ever state if he got paid?

Another issue is that even if you prevail in court, which is a pain and takes a lot of time, you still may not get your money. If he’s in trouble and irresponsible, he may already have other judgements/liens against any real property he owns and you have to get in line behind the rest of the folks.

Not definitively, but the implication was that he did not receive payment yet. The other interpretation of what was written was that the dispute was over the amount the bass sold for rather than the lack of payment.

 

[mdogs]

This whole story smells pretty fishy to me.

 

[BassUrges]

As it happens I am both a Colorado Attorney and a former cop.

I’m not going to give you legal advice without understanding the case in detail (and don’t provide that detail here, please, preserve the privilege by only sharing with an attorney you hire), but I will say this situation sucks.

I doubt I could even file and serve a complaint for the amount you are owed. The cops will not be interested unless you have evidence that he planned to defraud you from the beginning—being an incompetent businessman is not a crime. And from my experience dealing with this sort of thing, when you don’t get paid it's usually because the guy blew the money already.

So, sure, file a police report, and if you later find a way to prove it was fraud, you'll have a report number and date to refer to.

Consider a collection agency. They will want good proof of a debt, like a judgement or an admission from him that he owes you money. They’ll take half, too.

And do your homework on small claims NOW before there is a statute of limitations issue.

 

[BassUrges]

Oh, yeah, DON’T TAKE LEGAL ADVICE FROM TALKBASS.

 

[MultiScaleMale]

As it happens I am both a Colorado Attorney and a former cop.

I’m not going to give you legal advice without understanding the case in detail (and don’t provide that detail here, please, preserve the privilege by only sharing with an attorney you hire), but I will say this situation sucks.

I doubt I could even file and serve a complaint for the amount you are owed. The cops will not be interested unless you have evidence that he planned to defraud you from the beginning—being an incompetent businessman is not a crime. And from my experience dealing with this sort of thing, when you don’t get paid it's usually because the guy blew the money already.

So, sure, file a police report, and if you later find a way to prove it was fraud, you'll have a report number and date to refer to.

Consider a collection agency. They will want good proof of a debt, like a judgement or an admission from him that he owes you money. They’ll take half, too.

And do your homework on small claims NOW before there is a statute of limitations issue.

Right, it will be considered a contract dispute. The price will file a report and that's where it will end.

 

[DirtDog]

Right, it will be considered a contract dispute. The price will file a report and that's where it will end.

You just need to get the right fraud detective....one who plays bass!

 

[baileyboy]

This may sound like a dumb question, but it's not been made clear.... did you get paid? Are you bringing him to small claims to get paid or get paid the extra 3K you wanted for the bass? If you have a copy of what you signed, I'd read it over carefully. Most consignment shops will give a call if they get a low-ball offer, but the devil is in the details.

What if he sold it for more but told you 6k in order to keep the rest of the money.

^^^^ This is always possible... that's why you need a minimum price you will take- in writing!!!

 

[elgranluis]

What if he sold it for more but told you 6k in order to keep the rest of the money. Do you know where he is located? This is shady. Go meet up with him and give him the talk.

Yeah , I thought that too. I know where he lives and all that.

 

[elgranluis]

^^This. Unless you set a minimum IN WRITING, I can't see that you have any recourse.

Yeah , I’m not concerned about the final price , I’m more concerned about the fact that it sold and I was never paid!