Mastro consignors not paid yet?

daviddbreadman · #1 06-30-2009, 01:33 PM

Lots of 6 minute increments being wasted here when they can be billed out! Or are they?

Peter_Spaeth · #2 06-30-2009, 01:36 PM

Multitasking.

botn · #3 06-30-2009, 02:22 PM

Thought it was 15 and 30 minute increments? Do lawyers still bill out in 6 minute increments?

three25hits · #4 07-02-2009, 02:15 PM

A consignor sends a card to Mastro
Mastro auctions the card
Mastro ships the card to the buyer
Mastro doesn't pay the consignor
The new owner of the card just auctioned it on ebay
The new new owner now has the card
Mastro continues to not pay the consignor

This completely sucks. While its funny to watch the apologists in this thread try to find ways to justify, explain and/or lessen the impact of mastro/legendary's actions -- it isn't one bit funny what mastro/legendary is doing to the consignors or what they are doing to the hobby.

Shame on mastro/legendary.

egbeachley · #5 07-02-2009, 06:51 PM

Quote:

Originally Posted by three25hits

A consignor sends a card to Mastro
Mastro auctions the card
Mastro ships the card to the buyer
Mastro doesn't pay the consignor
The new owner of the card just auctioned it on ebay
The new new owner now has the card
Mastro continues to not pay the consignor

This completely sucks. While its funny to watch the apologists in this thread try to find ways to justify, explain and/or lessen the impact of mastro/legendary's actions -- it isn't one bit funny what mastro/legendary is doing to the consignors or what they are doing to the hobby.

Shame on mastro/legendary.

I've said it before, there is no new owner and there is no new new owner. Until the consignor gets paid, he is still the owner. As such, the consignor ultimately has little risk (outside of the payment delay and such) since if he doesn't get paid he legally gets his card(s) back. Remember, until he gets paid it's still a consignment.

three25hits · #6 07-02-2009, 07:05 PM

Quote:

Originally Posted by egbeachley

I've said it before, there is no new owner and there is no new new owner. Until the consignor gets paid, he is still the owner. As such, the consignor ultimately has little risk (outside of the payment delay and such) since if he doesn't get paid he legally gets his card(s) back. Remember, until he gets paid it's still a consignment.

I am not sure I get your point. The consignor doesn't have the card in hand. Mastro shipped it to the winner. The winner just sold it on ebay, and shipped it to the ebay-winner.

The consignor doesn't have the cash, and doesn't have the card. Where is there little risk? Mastro can't send him the card back, they have already sold it to someone else. That someone else has since sold the card?

Who is going to go get the card from the ebay buyer?

Rob D. · #7 07-02-2009, 07:19 PM

To take Brian's point further: What happens if, after I pay for a card that I bought in a Mastro auction, I destroy it (or, more realistically, it accidentally gets destroyed)?

If the answer is that I have to make restitution of the selling price to the original consignor -- in effect paying for the card twice, once to Mastro and again to the consignor -- then you might want to try to come up with something better.

HRBAKER · #8 07-02-2009, 07:12 PM

Quote:

Originally Posted by egbeachley

I've said it before, there is no new owner and there is no new new owner. Until the consignor gets paid, he is still the owner. As such, the consignor ultimately has little risk (outside of the payment delay and such) since if he doesn't get paid he legally gets his card(s) back. Remember, until he gets paid it's still a consignment.

I am sure this consignor feels that he is in a little risk situation. Probably not worried at all.

egbeachley · #9 07-02-2009, 07:18 PM

He needs to put in a legal claim for return of his consignment.

three25hits · #10 07-02-2009, 07:23 PM

Quote:

Originally Posted by egbeachley

He needs to put in a legal claim for return of his consignment.

Whenever I am making legal claims, I always think to myself -- no risk at all, its just a little payment delay & such...

three25hits · #11 07-02-2009, 07:11 PM

Quote:

Originally Posted by three25hits

A consignor sends a card to Mastro
Mastro auctions the card
Mastro ships the card to the buyer
Mastro doesn't pay the consignor
The new owner of the card just auctioned it on ebay
The new new owner now has the card
Mastro continues to not pay the consignor

This isn't a hypothetical scenario. It just happened. The consignor had to watch his card sell on ebay within the last couple of weeks, and hasn't been paid since February.

slidekellyslide · #12 07-02-2009, 08:09 PM

Quote:

Originally Posted by three25hits

This isn't a hypothetical scenario. It just happened. The consignor had to watch his card sell on ebay within the last couple of weeks, and hasn't been paid since February.

Brian, can you provide a link to the ebay auction? I wonder did the ebay seller pay for the card or is he one of the fellows who got his stuff from Mastro without paying?

Exhibitman · #13 07-03-2009, 05:51 AM

I had one of these cases several years ago. Because the consignor parted with the card knowingly at the outset but the auctioneer embezzled the proceeds, title may transfer. It depends on two factors: (1) which state law is applicable to the transaction and (2) which version of the Uniform Commercial Code was enacted by that state. Some states allow an item obtained under false pretenses to be sold to a bona fide (unwitting) purchaser; some do not. Assuming that the initial transaction could be deemed a transaction under false pretenses--which it may well be since Mastro plainly was in deep doo-doo at the time of the February auction since it ceased ops in early March--whether title transfers has to be analyzed as above.