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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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I have paid second hand machine in full. I have not yet

Customer Question

I have paid for a second hand machine in full. I have not yet received it. Do I own it?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.
1. Dear Shane, unless there was a specific written agreement which provided that title to the second hand machine passed upon payment of the price, you do not own the machine until it is delivered. This is because title to the second hand machine passes upon delivery, unless there is some express term to the contrary. So you don't own the second hand machine until it is delivered. You have an action for restitution of the price paid. But until such times as it is actually delivered, you don't own the machine as title to the machine only passes upon delivery.
Expert:  Buachaill replied 1 year ago.
2. Please Rate the Answer as unless you Rate the answer your Expert will receive no payment for answering your question.
Customer: replied 1 year ago.
I paid and agent in Amsterdam (Van der Molen Machines) and they paid current custodian of the machine (Kuhn SA, in France). Payments were made in August 2015 when machine was due to be released. Releasing of the machine was delayed because Kuhn SA were expecting a new machine from someone else that was not delivered. Kuhn had agreed to pay compensation for delay but nothing has been paid yet. I am considering whether I should invoice Kuhn for delay to date. Or maybe I invoice Van der Molen and he invoice Kuhn and see what response we get. Kuhn have said machine will be released in 2 weeks, but that is what we have been getting for 9 months.
Expert:  Buachaill replied 1 year ago.
3. I don't mean to be negative, but after nine months, you are simply better off cancel the deal and find a similar machine somewhere else. Life is too short to be constantly waiting for "2 weeks" & "2 weeks". Just move on in life and get a different machine somewhere else, where it is ready to use immediately. The bot***** *****ne in law, is that until such times as the machine is delivered, you own nothing!! So get your money back and spend it elsewhere.