A newsagency business changed hands this year where the vendor included returned magazines as part of the inventory for which then purchaser paid.
The stock take was not undertaken by people skilled in newsagency business stock takes.
The solicitor for the purchaser had never aced for a client in the purchase of a newsagency before.
The accountant for the purchaser had never acted for a client with a newsagency business before.
On the shelves at settlement was thousands of dollars of stock of magazines for which the vendor had been given credit by their magazine distributor. The magazines were not topped. Some were nine months old, yet there they were, on the shelves, for sale to shoppers.
The expert in the transaction was the vendor. They are at fault here. They defrauded Gotch, and through them the magazine publishers. They deceived the purchaser, causing them to pay for stolen goods and, through their actions, encouraging the purchaser to sell stolen goods.
My advice to the purchaser was to engage a new lawyer, to pursue the purchaser, to consider pursuing their original lawyer and to advise Gotch formally of what was discovered.
Gaps in handling magazines allow unscrupulous operators to get away with crimes like those outlined above.
Gotch should verify all return claims. Publishers should demand it, and be prepared to pay for it. While I understand they do spot audits, which have found discrepancies that have led to newsagents paying compensation, that is not enough. The situation I have outlined above should not have been allowed to happen.
Every returns over claim should be caught.
Gotch and the newspaper publishers should consider working with the ACCC on an authorised process for handling the change of ownership of a newsagency business. This could ensure the stock take is undertaken by a registered, skilled and ethical stock taking business.
Sadly, it is not the first time I have heard a story like this and, I suspect it will not be the last.
It has been a tough baptism into newsagent life for the purchaser. Hopefully, they have learned to be more curious about situations they encounter in business for the first time and to have a healthy questioning about those they deal with.