What should I do about a businessman that I think ripped me off?
I am in the process of liquidating my mother's estate. She passed away 8 months ago. She had a house full of wonderful antiques, glassware, china and paintings. I called around to almost all antique dealers and auctioneers, but nobody was interested in helping me settle the estate. My aunt recommended this one person that sold some stuff for her sister. I contacted him and he did take quite a few things. This was back in April. However, I have not heard anything from him since. Curious, I phoned him today. He indicated that my stuff just wasn't selling (which I find hard to believe). He also added that in the process of moving it, some of the pieces had sustained damage beyond repair. He said I had two choices - I can come and get the stuff - which he knows I can't in my subcompact car, or pay him to take it to the dump. Now I just don't know how to proceed with this guy.
Answer:
I would rent a truck and get it. Consignment laws vary from state to state, but you should have a contract. If it is very valuable and the damage was bad, you should contact an attorney.
Selling used merchandise is a tedious process.
I just opened a new online store and might be interested in selling some of it online.
Contact me if you are interested and we can discuss if it is viable.
I would contact the Better Business Bureau and see what they can do for you.
You might be entitled to some reimbursement for the damaged items, but not for him telling you he could sell something and not being able too. Unless you paid him upfront, there is nothing you can do about him not selling the products. I would get the stuff back from him rent a storage unit and sell the stuff on E-Bay. You might get more than you thought.
he is responsible for the damage, but if the property had no value, you suffered no loss. If he isn't selling it, I would go get it. Either make multiple trips in your car or rent a u-haul for about 20 bucks for one day local. Try selling it yourself on ebay or such sites If it has any value, someone in the world wants it.
You should have written up a contract beforehand. Since you didn't, there's not much you can do.
Rent a U-haul, ($20 per day for a van) and go get what's left. Then make a detailed list of what's missing and demand compensation for it.
If he says no, which he will, there will be nothing you can do, since you had nothing in writing, no insurance coverage for the pieces and no proof that he even took anything from you.
I can't imagine a more botched job!! Get professional assistance next time.
There is nothing you can do as far as damages. You signed something absolving them of it. Antiques go for market value and if he can sell them he can sell them for any value.
Now you could have insured everything, had it all appraised and all of that but since you handed it over you lose. Sorry. The dealer has a big loophole. Go get what you can and the rest is a loss.
Unless you have pictures of everything.. then maybe you can take it to court. But you will never get fair value as these people are practiced at ripping off people who just say sell it.
He was selling it as a consignment? If so he is very likely responsible for the damage. Make sure and get photos of the damaged items... However as far as not selling it, unless he breached a duty, i.e. refused to sell to a willing buyer or did not display the items per an agreement, there is really nothing you can do.
If you believe the stuff is valuable rent a truck and sell it on e-bay.
Do you have pictures of the merchanidise and all this in writing, that makes a big difference. Sounds awfully hinky. BBB usually just warns and helps the next poor soul but... if there is a group of you and if this is his style, there may be others, you may go to the district attorney, who might put pressure on him. You have no friends with a truck? and depending on value, these legal shows like judge judy?
And pray a lot.
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