Am I legally responsible ?

This is a discussion on Am I legally responsible ? within the Online Purchases & Sales forum, part of the Internet Law category; Country: Canada State: Saskatchewan I am a self employed farm equipment commission salesman in the province of Saskatchewan, Canada. I ...

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Old Dec 20th, 2007, 01:58 PM   #1
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Question Am I legally responsible ?

Country: Canada
State: Saskatchewan

I am a self employed farm equipment commission salesman in the province of Saskatchewan, Canada. I have a web site where I display equipment consigned to me by farmers and dealers. I do not have a lot where I display this equipment but rather sell off the sellers property. My job is to find used equipment for farmers and get as much detail as possible and pictures to put on my website and in my ads that I run bi- monthly in a farm magazine. For this I charge a commission to seller once the deal has been finalized and equipment delivered to purchaser.

I recently sold an air tank for a seeding tool to a customer who had seen my ad on internet or farm paper. I discussed the unit & it\'s condition with the customer and also gave him the sellers name and phone number so they too could discuss how equipment was equipped. They in turn had made a verbal agreement over the phone that the purchaser agreed to purchase the unit as advertised for x amount of dollars. I then wrote up a Bill Of sale which I always do for distant clients stating how unit was equipped and down payment with balance due on delivery by seller on behalf of seller. Had the purchaser give me @ 10% deposit made out to the seller as I always do and forwarded cheque to seller along with a copy of Bill Of Sale. Arrangements for time and delivery were left up to seller & buyer at which buyer agreed upon verbally. There was no implications on bill of sale as to any delivery date. As of yesterday my seller informed me that he had no build date scheduled for the new air cart that he is purchasing from x manufacturer in Canada and was now contemplating on not going ahead with this deal. The deposit I sent to him he had not cashed as of yesterday. In the meantime I have been trying to find him a new air cart from dealers I know but there is nothing available as the factory is Sold Out. I have been dealing with this seller for 6 years and I had nothing but good reports from him. My question for you is am I legally responsible if this sale falls thru. I have done hundreds of transactions this way and none have come to this.

I feel bad for both parties in a way but I have had guys cancel on me
after weeks of leaving a deposit and never coming thru. I feel I have
conducted myself in the best possible way same as I have for the 8 yrs I have been doing this and have never ran across this situation before.

Waiting for your answer
Luc
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Old Dec 23rd, 2007, 03:19 PM   #2
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Default Re: Am I legally responsible ?

Normally you would not be responsible but you may want to make that clear in your terms as well--that you will use best efforts etc. but not be responsible for the other party's delays, errors etc.
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