help please for item I sold!

sully45

Hi all,
I'm new to this so not sure if posting in the right place.
I sold an item privately, but was listed on ebay, gumtree, etc.
The sale was completed outside of an auction site.
It is a log cabin and the buyer came and viewed before buying and was sold as seen.
I initially got a deposit then final bill paid prior to them getting soneone in to start dismantling it.
A company came in, started dismantling but then some problems have arisen which has led to it needing to be lifted and transported a different way than first planned.
We are now 3 months down the line and still is on my land. I need it gone as is holding up building works on my land but the buyer is stalling as it is obviously costing more than first anticipated.
Where do I stand??? Can I issue a notice giving a period where it has to be moved? And then if not can I then get rid?
Can I start charging rent?
I just want it gone but dont know what my rights are as a seller.I have been resonable up til now but its impacting on me now and I dont know where I stand legally.
Thanks in advance x

forgotmyname

If you have the phone number then tell them you really need it shifting as you have builders coming in who will have to remove it or burn it etc.

If you give them a reasonable time and not within a week then they should be able to tell you what they can or cannot do.

sully45

Weve done that numerous times but keep getting fobbed off so I just want to know where I stand legally!
So frustrated!

lincroft1710

I think the buyer is hoping you'll get so frustrated, that you'll dismantle it yourself and then he'll pick it up.

BTW how much did it sell for? Some years ago a vacuum cleaner was sold on eBay for £7 to a person in same town. Buyer paid via PayPal, but despite numerous e-mails, never did collect it.

bris

http://www.tollers.co.uk/articles/113

hollydays

If it was me, I'd advertise it again and sell it to someone else. Take payment BEFOREthey start to dismantle-sell it as semi dismantled

tinkerbell28

He can't re sell it currently, he's not he owner, they paid in full.

unholyangel

Hmmm abandoned goods procedure?

Should make sure you give reasonable timeframe to remove it though. While a week or two may be reasonable if no contract were in place/it were smaller goods....I think longer would be necessary in these circumstances to be seen as reasonable.

Unless the contract of sale specified a time limit for uplift?

arcon5

I wouldn't quite say these was abandoned goods.

The above link is very good, requires two notices to be sent with the second notice giving 3 months notice.

Difficult one since I assume you can't wait 3 months.. Is there a way you could dismantle it and deliver it to him at a price?
Otherwise I can't see how you'd be able to do it without getting your hands dirty, like resell it then refund him less your costs.

unholyangel

arcon5 wrote: »

I wouldn't quite say these was abandoned goods.

The above link is very good, requires two notices to be sent with the second notice giving 3 months notice.

Difficult one since I assume you can't wait 3 months.. Is there a way you could dismantle it and deliver it to him at a price?
Otherwise I can't see how you'd be able to do it without getting your hands dirty, like resell it then refund him less your costs.

I didn't say they were abandoned goods :P But the abandoned goods procedure is set out in torts......which applies when you're in possession of someone elses goods and they have an obligation to collect/arrange delivery.

12 Bailee’s power of sale.E+W+N.I.


(1)This section applies to goods in the possession or under the control of a bailee where—

(a)the bailor is in breach of an obligation to take delivery of the goods or, if the terms of the bailment so provide, to give directions as to their delivery, or

(b)the bailee could impose such an obligation by giving notice to the bailor, but is unable to trace or communicate with the bailor, or

(c)the bailee can reasonably expect to be relieved of any duty to safeguard the goods on giving notice to the bailor, but is unable to trace or communicate with the bailor.

sully45

Thanks everyone. Solicitor has been contacted for advice! X