urbanknight

Just getting your opinions here. At the beginning of the year, I built a pair of wheels for a local club member who is also a BFer. He provided the hubs and rims, and I fronted the money for the spokes ($50). When I called him to say they were ready (end of March), we weren't able to find a workable time before he left on a 1 week business trip the next week. Since then I have not heard from him. I have left numerous voice messages and PMs here on BF but get no response. His last post on here was also around the time he left for his business trip.

My wife's getting annoyed at the wheels taking up space and I wasn't planning on being out $50 for longer than a few weeks. What would you guys do?

merlinextraligh

I'd tell him in writing that you need the wheels gone,and the $50 back, and telling him if you don't hear from him in 10 days you're going to sell the wheels, and deduct the $50, your sales costs, and a reasonable fee for building the wheels from the proceeds.

carpediemracing 

+1

I'd shorten it to 5 days personally, then list on eBay or here or craigslist or wherever.

See what a local shop charges for building wheels (including spoke price) and deduct that from the sale price of the wheels. Shipping too, and cost to box the wheels, since both of those will be more than a buck or two.

cdr

snoboard2

what kind of wheels are we talkin here?

urbanknight

Light weight vintage tubulars made with NOS rims and hubs.

So far I'm seeing that I should give him a deadline, then sell them and be ready to give him any money over my cost should he contact me back.

shabbasuraj

keep them,, ride them


... or sue him?

urbanknight

I would ride them, but I don't have a bike that takes a 126mm axle and runs 6/7 speed freewheels.

I'm not that kind of Californian. Besides, sue for $50?

NoGaBiker

Pain and suffering... $1,000,050

shabbasuraj

+1.....this is the MURIKAN way,

Wested

He probably loved where he went so much he never came back. Partially why you don't see too many business trips to Tahiti.

Sir Real

Just curious, but how small a place do you live in that your wife is complaining how space 2 wheels take?

sac02

You can try and threaten him with selling his wheels, but I don't know if you should actually do it. Just because he left the wheels at your house for a few months does not make them your property. If you were to sell them and he was upset about it and took you to court, you would probably lose; they are still his property. But on the other hand, he has apparently refused to pay you for services rendered. Maybe check with a lawyer (real lawyer, not BF-lawyer) to see what the laws concerning this are.

If you do decide to go this route (selling the wheels), I would make sure to have documentation of ALL of your communication with him telling him you are planning to sell the wheels, even go so far as to send certified letters.

Mac

Flash

and I thought my wife was bad bugging me about the surfboard and 8-foot megatron costume.

shabbasuraj

FAIL

urbanknight

538 sq. ft. bungalow. It has a galley kitchen with a fold-out dinner table you literally have to fold back into the wall to walk past. If one of us is sitting on the toilet, the other can not fit in the bathroom. You have to close the bedroom door to access the (one and only) closet. It's also the reason I only own one bike!

I mentioned it to a lawyer in the family and he says there is an abandonment law, but he wasn't sure what the length of time is for it. Waiting to see if he can look that up for me... or maybe I should see if I can find out myself.

merlinextraligh

If you want to get really technical about it Urbankinght has a mechanic's lien on the wheels. At common law, he has the right to sell them, and deduct the sums I outlined in my first post.

In his particular jurisdiction, there may well be a statute regulating mechanics liens, and addressing whether Urbanknight can sell the wheels to perfect his lien, or whether he can merely hold the wheels.

So if you want to get a technically correct answerlook up the mechanic's lien statue where UK lives.

I was answering what's fair, and equitable,and my proposed remedy is bothfair, equitable, and based on hundreds of years of the way commercial transactions have been done.

It's highly unlikely the Hub/Rim owner will turn this into a litigated matter, and if UK follows my ad vice,s econded by several others including CDR, he would have a defense that a small claims court would be receptive to.

If however, you want a bulletproof legal answer, look at the mechanic's lien statute,and the procecdures outlined thereunder for the particular jurisdiction.

Besides, what would you have UK do, be out his $50, and have to take care of and store the wheels for eternity?

DScott

Some point in the future...

Guy: "Hey, UK, where are my wheels?"

UK: "What wheels?"


Done.

urbanknight

Hmmm they might be worth a pretty penny if they are still in new condition after an eternity

But thanks, I'll look into the mechanic's lien, and I know there is an abandonment law, but I have to find out the time frame.

Even if I sold them now, the client would only be entitled to the item's value minus my expenses. The value of old products would easily be accepted as whatever they sell for, especially if sold on an online auction.

One thing I learned through all this is to use a detailed contract with a pick-up time, storage fees, and right to sell as abandoned after a period of time, even if the guy rides with the same club as I do (not sure if he's been riding with them as I haven't done many rides with them since moving slightly out of the area).

urbanknight

Although that would probably work legally since he gave them to me on a verbal agreement (no official record of his ownership of the parts), that would be rather dishonest on my part. Besides, the PMs and this thread would show at least some evidence to his ownership.

laryanshabaz

So, how much do you want for them?

I've got $50

Jynx

I do.

urbanknight

I heard $50, do I hear $55?

Jynx

$60

urbanknight

lol but seriously they won't be auctioned off... at least not here on the road forum.

Mechanic's lien seems to refer mostly to real estate property, but I found other names for it (artisan's lien, laborer's lien, etc.) that seem to be applicable. So far it just looks like I have to notify the guy that it needs to be picked up (which I have many times), then the intent to sell (which I have) and I can sell it. I can even store it in a storage unit until the sale, and charge that in addition to what is owed me for the guy to get it back.

CharlieWoo

As dcbikeguy will attest, some of us would shoot him.