Legal Question in Business Law in California
I bought a bike from a chain sporting good store and left it there for a tune up. When I went back to pick it up I was told that the bike was sold to someone else. Can they do that?
4 Answers from Attorneys
Assuming you didn't leave it there for a month after it was ready, and you have the receipt, call the police.
The answer is they did it; the question is what action you take in response. Consult with an attorney in your area for specifics.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
If you have a receipt for the purchase of the bike, and if you have any documentation showing that you left it at the store for the tune up, you can certainly take them to Small Claims Court. Undoubtedly you would win. Even if you only have the receipt for the purchase of the bike, with a little additional evidence (like a witness who can attest to the fact that you left the bike with the store for a tune up), you can still go to Small Claims Court, and probably would win. In any event, chances are it will not be worth the trouble to the sporting good store to have to defend the Small Claims Court action, so they will probably attempt some kind of resolution. Good luck!
Did you pay for the bike and do you have a receipt for both the payment and for leaving it there for adjustments? (If you paid but don't have any paperwork showing that you did you need to ask yourself why?) If so, the store should get you another bike or refund your money. What was their response. If you paid by credit card you can also dispute the transaction with the credit card company.
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