Legal Advice Re. Consigment Sale not Honored

[Prolifique]

This is one of his friends...I approached Blackhorse Automotives in Calgary to sell my vehicle, 2005 LR3 on Consignment. At the time, I did not know that their licence was revoked from AMVIC (Alberta Motor Vehicle Industry Council) due to fraudulent activity. The owner, Ed Frijters, took on the Consignment and subsequently sold my LR3, collected the money for the sale and kept the funds. I filed a complaint with the Calgary Police, but they could not do anything because it was a Civil matter. I also filed a complaint with AMVIC. An investigation insued and the business was forced to shut down and Ed Frijters was charged with fraud.

I asked several times for a Bill of Sale and he never provided one to me. The AMVIC investigation shows that he did receive funds for the sale of the vehicle. At the time of the transaction, the licence to conduct business within the Motor Vehicle Industry had been revoked.

Based on this information, my question is, am I able to repossess the vehicle from the current owners since I never received payment for the sale? If so, how do I go about doing this?

Any information you can pass along will be helpful. Thanks!

[bituerbo]

Unforunately it is a civil matter between you and the consignment broker. There is no way that you could go after the new owner as he bought the vehicle/transferred ownership legally.

You signed a contract for the consignment broker to sell the vehicle on your behalf, and then pay you. What he's done is not pay you, which is a violation of the contract, not a criminal matter.

Start with small claims application.

[psycoticclown]

I think so because they would need a bill of sale to register their car. If that Blackhorse Automotives provided one, than you have proof that they sold the vehicle for you. So even if you did go to court, you would win for sure. If not, whats to stop thieves from just stealing a car and than providing a fake bill of sale and registering it again.

You can always report it stolen too actually. Since it technically is, if the vehicle isn't in your possession and you have no money, that would be considered stolen. That would probably fuck over the current owners though.

What a shady ass dealership though.

[Weapon_R]

You are not privy to the contract with the new owner, so you cannot repossess the vehicle. You can go after the consignment company but that is going to fall flat if they are out of business. Tough situation, maybe you could go after the owner but he'll hide behind the corporation if he can.

[bourge73]

Beyond meet @ his house?

[FraserB]

Is placing a lien on his property an option? Or would you have to sue him and get a judgment in your favor first?

Why not just show up at his house and offer to settle it for on of his cars or a slightly lower cash amount? Bring beyond, we love this stuff.

[RMS]

I just bought a 2005 LR3, hope it isn't ME?? BTW OP, what colour is yours?

[TomcoPDR]

That's how real ballers used to make money in the old days, lease land/lot, start a used car dealership with some beaters, but do mostly consignments, keep cash from buyers, not pay vehicle owners (drag them on as long as possible), do it with 20-30 cars @ ~$20,000/car = $600,000... leave town, then repeat... Or better yet, open another corporation; or just take turns with buddies being different company directors so the public won't be able to keep track.

AMVIC was formed (as far as I understand) to have devices to prevent that shit.

This one car lot almost did this shit to me 6-7 years ago :( :( :( (dragged payment for 2 months after vehicle sold; they're suppose to pay vehicle owner within 14 days, iirc)... Worst thing was I did work for them too, thought we were friends :(

[Meback]

this ed frijters is a real cock sucker.

[Bizzareo]

Ed frijters = new Banjerre?

[2EFNFAST]

Originally posted by psycoticclown
If not, whats to stop thieves from just stealing a car and than providing a fake bill of sale and registering it again.


It's not stolen though.

I'm not entirely certain how consignments work (in depth), but I'd imagine that if you didn't sign your registration over to either Blackhorse or the new owner, then you probably still retain possession of the vehicle. If you signed it over, then you're screwed and can only go after Blackhorse.

[TomcoPDR]

Originally posted by 2EFNFAST


It's not stolen though.

I'm not entirely certain how consignments work (in depth), but I'd imagine that if you didn't sign your registration over to either Blackhorse or the new owner, then you probably still retain possession of the vehicle. If you signed it over, then you're screwed and can only go after Blackhorse.

Usually when the consignment wholesaler finds the buyer, they'd contact the vehicle owner (to sign over the title)... this is when the wholesaler would just keep the money or just play it smooth (i.e. oh our business manager/wife/slutty receptionist will get a cheque for you tomorrow, etc...) Then when tomorrow comes, the "manager" or finance guy usually isn't in the office, so you go call the owner, then you won't be able to find the owner in the office... then you call the person in charge of the money (that they said would issue the cheque), then that person would say talk to the owner of the wholesale lot that he/she would be in charge to sign off on the cheque shit... And it goes on... Anyone wanna start a wholesale lot with me???

[car208]

Yes, your story is familiar. I bought a car from Blackhorse, after a lot of hassle got the car but short some wheel parts.
I went to small claims court and won the judgement but could not collect my claim. I put a lien on his house but his wife was the owner and they are divorcing.
I would talk to lawyer about your claim.

[roopi]

Same guy? Another dealership he's involved with?

http://verocreative.com/royalty/contact/overview.html