Title of Goods

Previous | Next
 rated by 0 users
Latest post 09-11-2009 3:12 AM by Annyp. 25 replies.
  • 09-04-2009 3:48 PM

    • Annyp
      Consumer
    • Not Ranked
    • Joined on 09-04-2009
    • Posts 13

    Title of Goods

    Can someone tell me when the title of goods passes to me?  I bought some furniture as I was moving to a new place on Sept 1.  The furniture store  was delivering to me on Sept 1.  I had signed a 6 month lease and unknown to the landlord the Strata committee voted to change the convenant of 3 rentals allowed to no rentals allowed.  He had to cancel the lease and sell the place as he is now stuck with 2 mortgages.  I tried to find another place but to no avail.  I informed the furniture store I would have to cancel the order as I had no place to put it.  Too bad they said as they had a no return policy.  I was shocked.  I wasn't told that at all and I never seen a sign indicating that either.  Here it is on the counter on a small piece of paper with stuff piled on it.  I informed them 3 days after the purchase.  They said I paid for it so it's mine and if their place had burned down I would have been out of lock.  I only paid them as they would not accept a cheque period let alone a postdated cheque for Sept 1 nor would they deliver it COD.  I really didn't have much choice but to pay. They charged me $100 for delivery.

    Am I correct in saying that title doesn't pass to me until delivery on Sept. 1?

     

  • 09-04-2009 6:01 PM In reply to

    Re: Title of Goods

    Annyp:
    Am I correct in saying that title doesn't pass to me until delivery on Sept. 1?

    No.

    You make the same mistake as most people. Thinking that there is a return policy when there isn't one.

    When you buy something and pay for it, you own it, it's yours. Delivery might happen later, but you still own it.

    Nobody has to tell you that there's no return, because no return is the default unless a return is stated or required by statute.

    You need to find someplace to store the furniture. It's yours.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 09-04-2009 6:24 PM In reply to

    Re: Title of Goods

    Nope. You got title as soon as you paid for it.

    You assumed there was a return policy. There doesn't have to be.

  • 09-04-2009 9:25 PM In reply to

    • Annyp
      Consumer
    • Not Ranked
    • Joined on 09-04-2009
    • Posts 13

    Re: Title of Goods

    That isn't what I wanted to hear.  I thought it might be an agreement to sell as they had to do a few things to get the furniture ready for delivery.  The stuff was still sitting on their floor and is till their.  They ended up buying it back for less than 50% of what I paid.  Pretty good restocking charge.  They were willing to store it for me for a few months but I never got into how much.  I am a senior on a limited income and they took everything that I had.  I will never in my life deal with a discount store.  I would have been better off going to a place that has a good reputation. These people prey on the old and the poor. I have reported them to the Better Business Bureau and am sending a article to the local newspaper to make sure no one else is taken.  Tks for your help.

  • 09-05-2009 5:36 PM In reply to

    Re: Title of Goods

    Whoa!

    It is not their fault that you changed yourmind after you bought the furniture. Theyhad no obligation to give you ANYTHING by way of a refund.

    If you want to learn a lesson from this, how about make sure you know what you are doing before you make a major purchase?

  • 09-05-2009 6:07 PM In reply to

    Re: Title of Goods

    And be real careful of what you send to the paper.

    Nobody did anything wrong to you.

    So whatever you say can be construed as defamation and you could find yourself sued for it.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 09-06-2009 8:42 PM In reply to

    • Annyp
      Consumer
    • Not Ranked
    • Joined on 09-04-2009
    • Posts 13

    Re: Title of Goods

    I was just a stupid old woman who buckled under the high pressure sales.  I wanted to give them a posdated cheque for Sept 1 but they wouldn't accept that.  I asked about COD, they wouldn't accept that.  I said I would be back on Sept 1 to pay for it before it was delivered but they said delivery would be delayed if I did that. I should have walked away at that moment.  I never dreamt in a million years that the 6 month lease I signed became a frustrated tenancy agreement. You normally see large signs posted stating their no return policy.  It is my fault as I never asked.  I didn't put anything the paper.

  • 09-06-2009 8:52 PM In reply to

    • Annyp
      Consumer
    • Not Ranked
    • Joined on 09-04-2009
    • Posts 13

    Re: Title of Goods

    I know it is my fault for not asking.  I think they are suppose to have signs posted plus tell people for the ones that are illiterate.  Other stores in the same business have large signs stating their no return policies so I don't know why they would be exempt.  I knew what I was doing but never thought that a 6 month lease would become a frustrated tenancy agreement.  I was just a stupid old woman.  Tks for giving me a boot in the rear.  I needed it to get on with my life.

    I would like to thank everyone for their input.  It was very much appreciated.

     

  • 09-06-2009 9:00 PM In reply to

    • Annyp
      Consumer
    • Not Ranked
    • Joined on 09-04-2009
    • Posts 13

    Re: Title of Goods

    I didn't think that the furniture was mine until it was delivered as I had paid a delivered price for it and on my premises.  I learnt a lot lately.  But I am not going to whine about it anymore.  I didn't know about the no return policy until after I paid for it.  It is 100% my fault for not asking. I feel like such an idiot.  TKs very much for your reply. 

  • 09-06-2009 10:24 PM In reply to

    Re: Title of Goods

    Sorry I'm a little late getting in on this discussion.
  • 09-06-2009 10:34 PM In reply to

    Re: Title of Goods

    Sorry I'm a little late getting in on this discussion.

    In business, when ownership transfers is specified in the contract or ordering document.  I suspect it was specified in your contract too, and you just didn't see it.

    Usually it is specified in one of 3 ways:

    FOB Destination = You take title on delivery (this is the one that businesses usually try to specify -- that way if the delivery van crashes on the way to deliver the goods, it is the vendor's loss, not yours)

    or alternatively:

    FOB Installed = You take title on completion of installation

    The 3rd possible way is the one that business buyers try to avoid, but sellers like:

    FOB Shipping Point = You own it as soon as it leaves the vendor's shipping dock.  (You as a buyer try to avoid this because if it leaves their shipping dock but never arrives at your receiving dock, the loss is yours, not the vendor's, under this designation.)

    "FOB" means "Free On Board" (or "Frieght on Board") which is a term originally taken from marine cargo.

    I'm guessing that somewhere in the contract you signed when you bought it, you'll find one of these three designations.

  • 09-06-2009 10:50 PM In reply to

    • Annyp
      Consumer
    • Not Ranked
    • Joined on 09-04-2009
    • Posts 13

    Re: Title of Goods

    I have no recourse as it is what they call a frustrated tenancy agreement.  The convenant was changed when the Strata Council got wind of them renting the place.  They decided that there was to be zero rentals in the complex.  The landlord was furious as they had bought another place based on the income from the rental.  The Strata convenants at that time had the allowance for 3 rentals. There was another person that was going to rent their place as well as they had bought another place.  They too have to put their place up for sale.  I didn't know that a Strata Council had that much power.

  • 09-06-2009 10:53 PM In reply to

    • Annyp
      Consumer
    • Not Ranked
    • Joined on 09-04-2009
    • Posts 13

    Re: Title of Goods

    It was just a sales invoice with nothing like that on it.  The bottom of the invoice stated no returns, exchanges or deposits.  There isn't anything I can do about it.

Page 1 of 2 (26 items) 1 2 Next > | RSS

My Community

Community Membership New Users: Search Community