can't get rid of my bandsaw!

[bob]

I sold my Craftsman band saw back in March through an ad in the paper. The first guy bought it. He drove up in an old Volvo, looked at the saw, cut a board or two and wrote me a check. Said he'd be back with his SUV to pick it up in a day or two. Well, here we are 8 months later, and the damn thing is still sitting in my garage. I leave him a message every few weeks, he says he's coming by, but never does. I'm tempted to leave it on his front porch one of these days.... And yes, the check cleared.

[David Hall]

Next time you call, mention that your rental rate is say $30 per day but that you are giving him the first two months free. Of course if he gets it out in the next two days, you'll forgive the additional 6 months that have accumulated.

Dave Hall

[TWS]

I wouldn't bother delivering it. That is just what he's hoping for. The saw's not yours anymore. Call the guy one last time and give him a choice, he pays rent for the floor space or you move it out of your shop and put it on the side of street - he can pick it up any time ;-)

TWS

[toller]

If you put it on the side of the street and someone takes it, you are responsible because you made it look like trash. You can stick it out in your backyard or someplace like that as long as you notify him. You have no obligation to safeguard it, you just have to use slight care.

[Timothy Drouillard]

Simply refund his money and sell it to someone else...

[Searcher]

What if the guy had a terrible accident or something?

Searcher1

[Searcher]

oooops, I forgot to finish my thought------- I he keeps forgetting things on a daily basis. Hey it happens

[GregP]

I did that t someone: I bought and paid for a 24-ft boat from him and then didn't pick it up for 10 months. My father's death, winter, a family sickness, and some major projects at work intervened, but I didn't feel like talking about them when the guy called asking me when/if I planned to pick it up.

[TWS]

You don't have to actually put it on the side of the street, you simply tell the guy that's what you'll do, unless, of course, he's willing to pay rent or pick it up.

TWS

[Alan W]

Hopefully you have kept a phone log for a number of the calls.

Send him a registered letter, will cost you about $5.00. Specify he has 10 days from receipt of letter to _pick up_ the bandsaw. List the hours you are available in your letter. State you have called at least # times on these dates.

If he chooses not to pick it up, his deposit will be forfeited as storage fees and you will resell the item immediately.

Alan

[Jeff Johnson]

[Silvan]

Where do you live? I could use a free bandsaw. :)

[LRod]

Although there might be part of the story missing (I'd like to know how far away the guy lives), this solution strikes highest on my ethics meter.

If it's across town, I don't think there'd be any question. 150 miles? That's a different story.

- - LRod

Master Woodbutcher and seasoned termite

Shamelessly whoring my website since 1999

[Chris Hornberger]

I'll take it.

[Chris Hornberger]

Possession is 9/10 of the law. Or so they say. I think if it's left on your property for > 90 days after reasonable attempts at settlement, it returns to your discretion... if not outright ownership... for disposal. Check your local laws accordingly. If it's a decent unit and won't cost too much to ship/pickup, I'll pay you what he paid you so you have funds to return to him.

PS... yes, I'm shamelessly jonesing for a bandsaw.

[igor]

Write and tell him that, after Y attempts to reach him, you have to put it up for sale again in X days and that you will send him the difference (if there is one) after expenses -- such as the cost of the new ad. So, if he paid you $200 and you sell it for $200 and it cost $10 for the new ad, send him $190.

FWIW, if he ever took you to small claims court at some later point you would be in good shape, IMO. Keep copies of the letter to him and other paperwork for 5 years. It's a pain, but this would be fair to him. You actually have the right to call a used tool place (which would pay you less) and then send him the difference. BTW, you cannot deduct anything for your time -- assuming you are not in the used tool business or unless this was written in some bill of sale, etc. HTH. -- Igor

[LRod]

Actually, it's "possession is nine POINTS of the law." A different proposition altogether. In any event, that's a legal standpoint. I think from an ethical standpoint you're on shaky ground.

- - LRod

Master Woodbutcher and seasoned termite

Shamelessly whoring my website since 1999

[Fly-by-Night CC]

I agree with this way of handling it igor - honest, ethical, attempting to give him one last chance, without malice. And do keep copies and notes of all correspondence, payments and receipts.