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Storage Battles Suing Buyers for Non-Payment?

Offline Travis

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Storage Battles Suing Buyers for Non-Payment?
« on: January 11, 2015, 03:45:00 AM »
Just came across this article on RipOffReport.com where Storage Battles is suing a tenant for non-payment.

http://www.ripoffreport.com/r/STORAGE-BATTLES/scottsdale-Select-StateProvince-az/STORAGE-BATTLES-NATHAN-BREWSTER-JIM-GRANT-storage-battles-SCAM-scottsdale-arizona-1088470

Here is another one that claims threats were made:

http://www.ripoffreport.com/r/Storage-Battles-/Scottsdale-Arizona-85251/Storage-Battles-Storagebattlescomstorage-battles-inc-Credit-Card-Fraud-Theft-out-right-1084472

http://www.ripoffreport.com/reports/specific_search/Storage%20Battles

So what do you think, should Storage Battles be able to sue buyers who don't pay? Should they be allowed to threaten people with legal action to intimidate them into paying?

Offline alloro

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Re: Storage Battles Suing Buyers for Non-Payment?
« Reply #1 on: January 11, 2015, 10:12:49 AM »
So what do you think, should Storage Battles be able to sue buyers who don't pay? Should they be allowed to threaten people with legal action to intimidate them into paying?

By bidding you are entering into a contract, by failing to pay you have broken that contract. It's a no-brainer, the buyer is in default and SB is entitled to damages.

Offline Travis

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Re: Storage Battles Suing Buyers for Non-Payment?
« Reply #2 on: January 11, 2015, 01:26:18 PM »
By bidding you are entering into a contract, by failing to pay you have broken that contract. It's a no-brainer, the buyer is in default and SB is entitled to damages.

I understand the legalities, I just think it's kind of petty. If a buyer doesn't pay, just contact the next highest bidder and sell the unit to them. No point in threatening people. After all, who in their right mind is going to spend thousands of dollars in attorneys fees to recover a few hundred? 

Offline luke

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Re: Storage Battles Suing Buyers for Non-Payment?
« Reply #3 on: January 11, 2015, 02:19:41 PM »
I understand the legalities, I just think it's kind of petty. If a buyer doesn't pay, just contact the next highest bidder and sell the unit to them. No point in threatening people. After all, who in their right mind is going to spend thousands of dollars in attorneys fees to recover a few hundred? 

I think you'll do the same Travis, If you let 1 person walk all over you. Then you're inviting everyone to walk all over you.

Everyone thinks "$1000's of Dollars" in attorney fees.  Well first most professional companies have a legal staff, they need things to do. Other then look over contracts, etc.  So I doubt, Companies pay as much as you think. They are mostly salaried.

But knowing what I know of JIM, with his ace security adviser, his talented Programmer. I'm sure he has top-notch lawyer too  :57:



Offline Travis

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Re: Storage Battles Suing Buyers for Non-Payment?
« Reply #4 on: January 11, 2015, 06:12:33 PM »
I'm sure he has top-notch lawyer too  :57:

I've met him. He's okay. Not much of a personality, but he seems to know what he's doing.

Even a low salary for an attorney is $300-500 a day. Add up 2-3 days of preparation for the hearings, airfare, food and hotel expenses, 2 days travel time and you're in the thousands. Lawsuits just aren't practical in these cases.

There is a Canadian website which has done some unethical & illegal things to us. I've sent them a cease and desist letter and they basically laughed at me. Am I going to hire and attorney, fly to Canada and hope the judge awards me enough to cover my attorney's fees and travel expenses? Nope.

He who knows when he can fight and when he cannot, will be victorious.
Sun Tzu

Re: Storage Battles Suing Buyers for Non-Payment?
« Reply #5 on: January 12, 2015, 09:00:23 AM »
How could a website do illegal things to a site like this? I guess I'm confused because I thought this was mostly a forum for like-minded people to give advice to one another.

Offline alloro

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Re: Storage Battles Suing Buyers for Non-Payment?
« Reply #6 on: January 12, 2015, 09:30:23 AM »
After all, who in their right mind is going to spend thousands of dollars in attorneys fees to recover a few hundred? 

There are no attorneys or attorney fees in small claims court, usually just a filing fee under $50 which also gets added to the award amount.

Offline Travis

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Re: Storage Battles Suing Buyers for Non-Payment?
« Reply #7 on: January 12, 2015, 12:33:13 PM »
There are no attorneys or attorney fees in small claims court, usually just a filing fee under $50 which also gets added to the award amount.

True, but they would still have to pay someone to do it. Over half of the buyers you see at auctions are making a living from one unit to the next. Even if they got a judgement which included all of their expenses, the chances of them collecting are pretty slim.

Offline alloro

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Re: Storage Battles Suing Buyers for Non-Payment?
« Reply #8 on: January 12, 2015, 01:01:59 PM »
Even if they got a judgement which included all of their expenses, the chances of them collecting are pretty slim.

Like "luke" said, if you let one get away with it then more will get away with it. So is it worth pursuing...absolutely.

Re: Storage Battles Suing Buyers for Non-Payment?
« Reply #9 on: January 13, 2015, 04:18:32 PM »
I've bought and sold on SB and am very familiar with their legal fine print ..

If the winning bidder doesn't pay, per the contract, they will contact the next highest bidder on the sellers behalf.

This leaves it open on what happens if the 2nd and 3rd bidder don't want the room however because this language is in the website they are not due any damages unless they can provide the names of the 2nd and 3rd bidder and demonstrate that they have indeed suffered financially by them not paying and that they have exhausted their other stated alternatives.

Its bs and they wont win.  its pure intimidation and once the buyers start to demonstrate the level of harassment they can then sue them right back.

SB is going down a path that will cost them more money than its worth. 

This can also be found on the FAQ section:

What if the winning bidder doesn’t contact me after the auction?
If the winning bidder fails to contact you and remove the entire contents of the storage unit, that user will be suspended from using StorageBattles.com indefinitely. Member Services will contact the 2nd and 3rd place bidders, and offer them the unit at their max bid. Member Services will take care of all contact with the previous bidders, while keeping you up to date on their progress. When a previous bidder agrees to purchase the storage unit, Member Services will reissue confirmation emails to both parties. You may also choose to repost the storage unit on StorageBattles.com.


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