The unfortunate loophole here is that, potentially, by shutting down that franchise in a bankruptcy the corporation may end up being preferred for being made whole on debts relative to the consigner. Bankruptcy is complicated so while I am pretty sure any remaining goods from the consignment would be returned to the original owner the proceeds from sales that were successfully made might end up in the pocket of the corporation.
Personally, I absolutely loathe consignment. It is an incredibly complex agreement with a lot of weird edge cases about deprecation of goods and the duty to seek a good price that get complex quick. If you have goods like this and can find a store that will buy your goods in bulk you should be very careful in considering how much you care about the price difference between that bulk price and the percentage they list for consignment. A single transaction is usually much cleaner and easier for both sides and in this case (trying to pay for medical costs) having the money immediately can be quite attractive.
All of which contradicts the current corporate response
the reckless ben youtube videos are pretty clearly laid out with contracts, video evidence, etc..
the crazy part to me is how blatant the executives of bricks and minifigs are in saying go ahead and try to sue us, we’ll drag this out until you’re broke from lawyers fees. we’re a lawyer rich corp and you’re not. they don’t even try to hide it.
bricks and minifigs are just crazy dickens movie tier evil it’s crazy.
To my experience this is a common strategy in disputes when the corporate party has people who operate as uncivilized brutes. I think it's part of the McKinseyfication of companies - profits at all cost - and here's the playbook.
My personal experience is from private parking control. Rather than be professional about my reclamation, their first response was "only criminals dispute these and we win all the court cases".
So I think trying to be imposing and villanous to scare the other non-corporate party to back off is a common global corporate playbook in situations in matters where companies enter contractual complex space with individuals.
You either need to pay the sales price of the consigned items, or just give them back.
If you do neither, its the same exact thing as theft. Which is what they did. They took possession of the 200k lego set with no reimbursement. Just plain ol' theft.
They seem to like that excuse, I know… but gahhh!
This is a dispute about who is the rightful owner of the Lego. That is a civil matter to be decided by the courts. Doesn't matter how clear the evidence, such disputes are for the courtroom.
https://en.wikipedia.org/wiki/Warren_v._District_of_Columbia
Reminds me of the whole "disney must pay" debacle.
“Authors Have Formed a Task Force Because Disney Refuses to Pay Them”
https://bookriot.com/disney-must-pay-task-force/
> Authors like Neil Gaiman have formed a task force to fight for the royalties Disney has refused to pay for Star Wars and other tie-in novels.
If I'm a lego trader and I buy your set for $900 hoping to sell it later for $1000, in the meantime that's $900 I can't invest in anything else. And maybe I guessed the set's value wrong and I end up unloading it for $800, taking a loss.
On the other hand, if I agree to sell that same set on consignment? Zero capital outlay, zero risk of me taking a loss - just some shelf space and admin work.
Unless the store owns its building and has too little inventory to cover the shelves, the cost of not filling the shelves with the right goods is quite serious. In a low-margin business like retail, "just some shelf space" reads almost like "just some gold bars".
1. Even if the original consignment contract was poorly drawn up without a clear exit clause I think it'd be reasonable to expect a resolution somewhere close to this in mediation.
So you "absolutely believe" something that was already proven false, and which you would know if you had even _skimmed_ the facts.
If you're talking about the corporation I think that any sensible neutral party would probably come down on the side that the corporation has no entitlement to those goods.
If you're talking about the liquidator then the goods were held by the franchise so if it went through bankruptcy those goods would be under consideration by the steward - I think they'd usually find that the original owner should be entitled to the goods since they're relatively non-fungible. The proceeds from sold goods are likely a more complicated answer since money is fungible and divisible. I could accept that there would be scenarios where a steward would think that the corporation should recover a portion of the proceeds.
https://www.cozen.com/news-resources/publications/2020/is-yo...
regardless of the law, it’s a very stupid move on the company’s part.
if they had half a brain they’d pay double the commission and pretend it aas internal miscommunication. $40k is cheap versus the pr hit they’re taking right now