[WSBARP] Consignment Shop Sales Reporting

Nicholas Fisher nicfisherlaw at gmail.com
Wed May 27 11:12:10 PDT 2015


Paul:
This may be a little off, not knowing what your client has as far as a
contract, but if my memory serves me, this is a Uniform Commercial Code
issue and RCW 62A.9A-210, under secured transactions allows for an
accounting.  Your client may not have gone through all of the hoops, but
you may be able to squeeze them into UCC-9.
Nicholas Fisher
nicfisherlaw.com
425-314-6737
Serving Clients in Snohomish County

On Tue, May 26, 2015 at 3:34 PM, Paul Neumiller <pneumiller at hotmail.com>
wrote:

> Client is an antique toy dealer and rents a space in an antique store.
> Other parties include the other venders/tenants of spaces in the shop and
> the shop owner.  Tenants pay a flat monthly rental amount plus 15% of a
> sale.  Shop owner is contractually obligated to collect sales tax upon sale
> of an item in the store and then pay the sales tax to WA DOR.  Problem is
> that the shop owner has terrible accounting skills and systems (and a known
> gambling problem) and flatly refuses to give venders/tenants copies of
> daily sale receipts or cash register documents.  Written lease does not
> require shop owner to provide the information.
>
>
>
> I have spoken to DOR and they said that they will only pursue the party
> who is contractually obligated to collect and pay the sales tax (just in
> case it gets gambled away.)  But, my client still wants to know the daily
> sales in the shop, or at least, the client’s daily sales.  Any creative
> ideas out there?  Maybe an RCW or WAC requiring the shop owner to provide
> the information in a consignment or similar situation?
>
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