Furniture installed but not paid for ...

Furniture installed but not paid for ...

"I installed a piece of furniture in a customer's home some time ago. She still hasn't paid me, despite my numerous reminders.

Do I have the right to collect the furniture from her by myself?

According to the legal definition, a sale is a contract by which the seller undertakes to deliver the thing sold to the buyer and to transfer ownership of it to the buyer, in return for a price that the buyer undertakes to pay. The contract of sale itself may be accompanied by ancillary obligations, such as an obligation to assemble.

In principle, the parties are obliged to fulfil their obligations simultaneously. This is the case with a "cash" sale, where the price is paid at the time of delivery. However, other situations may arise, such as a "prepayment" sale, where, as the name suggests, the price is paid before delivery. In both of these cases, if the buyer is late in paying the agreed price, the seller may withdraw from the contract without any formalities other than notifying the buyer immediately.

A third situation is a "credit" sale, where the price is actually paid after delivery of the item sold. In this case, if the buyer is in default of payment, the seller may demand the return of the goods delivered, if he has expressly reserved the right to do so by means of a resolutory clause in the contract. It should be noted that in the case of a sale on credit, a retention of title agreement is usually concluded between the parties, with the seller retaining ownership of the item sold until the price has been paid. In the event of non-payment, the seller may demand performance of the contract or rescind it, i.e. either hand the item over to the buyer and initiate the necessary procedures to obtain payment, or recover the item with the possibility of claiming compensation for the damage resulting from the contract's lapse, unless the debtor proves that he is not at fault. By way of compensation, the seller may then demand to be placed in the financial position in which he would have been had the contract of sale not been concluded.

In all cases, the seller must take legal action through the Debt Enforcement and Bankruptcy Office, but not on his own, in order to recover the items delivered or recover his debt. Indeed, an act of justice of one's own may constitute an infringement of the rules of criminal law, for example by leading to a violation of domicile, an act of coercion or other behaviour that must absolutely be avoided.