[WSBARP] Consignment Shop Sales Reporting

[Paul Neumiller]

Thanks for your input.  I have running around the rat maze of the UCC and didn’t come up with anything.  RCW 62A.9A-210 allows the debtor/consignee to request information from the secured party/consignor.  I am looking for the opposite.  I represent the consignor who wants the debtor to provide the reports/information.

 

 

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Nicholas Fisher
Sent: Wednesday, May 27, 2015 11:12 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Consignment Shop Sales Reporting

 

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 <http://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 <mailto: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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