Adam--If the consignment agreement says that the consignor has the right to request the return of unpaid items after 60 days I still don't see where that prohibits Mastro Auctions from sending out the lots before payment is received. However, by doing this they are taking on the responsibility to pay for the item regardless of whether the buyer pays or not. By sending it out they are implicitly saying two things:
1-Consignor has been paid and we owe the consignor his money
2-We have entered into an interest free loan (or perhaps not) with the buyer to pay us the amount due
Therefore, if the consignor is not paid his or her claim is against Mastro, not the buyer. Mastro must file claim against the buyer.
Adam--Obviously, I am not a lawyer and I didn't even stay at a Holiday Inn last night, but where am I wrong?
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