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Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42659
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I had a caravan for sale via a consignment agreement with

Customer Question

I had a caravan for sale via a consignment agreement with $1540 fee to be paid at the sale of the item. The price the owner originally advertised for was $9500 with consignment fee inclusive. I had an offer of $6500 for the van and I rang the owner and stated offer. He said that with the consignment fee taken out he would only get $5000, so I said in order to move the sale I would take $500 only and he would get $6000 in the hand. He agreed. I followed through with the sale. His wife is now accusing me of stealing the $500 and they now want this amount paid to them within 5 days or they will take this matter further. What can they do? What should I do?
JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?
Customer: Victoria
JA: Anything else you want the lawyer to know before I connect you?
Customer: His wife was not present when the phone call was made. I have an email she sent to me outlining her accusation and I don't know how to respond.
Submitted: 2 months ago.
Category: Australia Law
Expert:  Leon replied 2 months ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

Do you have anything in wiring from them to sell at the reduced fee?

Customer: replied 2 months ago.
I have the original agreement of $9500 sale price and $1540 consignment fee, but the final agreement was verbal.
Expert:  Leon replied 2 months ago.

Good Morning.

It is your word against theirs about what the final discussion was.

You will need to confirm in writing what your discussions with her husband were and that you completed the sale based on the verbal agreement that you could charge the $500.00 which you did.

The agreement you have is clear that you will charge a fee for selling it and you have amended the agreement verbally. The court if it goes down that path will not say you have to give them the $500.00 as you have a right to charge a fee.

But you should make sure that you now confirm the verbal agreement with her and advise that should she take it further you will defend the claim and also seek costs.

This is your only option.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon