Legal Question in Civil Litigation in Oregon

We put our motorhome on consignment and signed a 6-month agreement. We had to pay $500 up front for "detailing, decor, display and advertising of the vehicle." Before I signed the agreement I asked many questions including if the motorhome does not sell would we just get it back or would there be additional fees. Their answer was very clear that they only make money if they sell it. Then they told me a story about how they sometimes have to charge storage fees when customers want out of their contracts or breach their contracts. Now the 6-month term is ending and they sent an invoice for $25/day storage fee and expect us to pay $4,500 because our motorhome has not sold. The paragraph in the contract that they are referring to says "I understand that if, after the end of the consignment period and return of the vehicle, should I sell the vehicle to an Ingram RV customer that has previously dealt on the vehicle I shall pay a commission to consignee of 15 percent of the price paid with six month period of vehicle return. Storage for vehicle not to exceed $25 per day." All the other paragraphs on the contract are complete, meaning each sentence belongs with the paragraph. They claim that the last sentence in this paragraph is unrelated to the paragraph and stands alone and therefore we have to pay it. Do I have to pay?


Asked on 1/07/10, 1:57 pm

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

The contract is quite unclear. What does "Storage for vehicle not to exceed $25 per day" mean? It does not say that the company can charge you $25 or anything for storage. It is particularly unclear in the context of a paragraph dealing with commissions upon post-consignment sale.

Were I you, I would demand the immediate return of the motorhome, without paying any storage fee. If the company refuses, I would tell them I will report them to the DMV and to the Attorney General for consumer fraud. If they still refuse, I would sue them for theft of property and unlawful trade practices.

You can contact Eugene Ebersole at the Oregon Attorney General's office about this: [email protected].

Read more
Answered on 1/12/10, 5:16 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Oregon