Legal Question in Consumer Law in California
? re: Abandoment of Property +++
1. Jan.2, 06- purchased dresser
2. March 1 - Dresser arrives
damaged. Immediately
note damage and
notify store owner - send photos.
3. After discussion, store owner
requests to repair piece. I request a
replacement as this was a new
dressser. Was told to expect delivery
within 2 weeks by 3/15.
Insurance people visit/ file claim for
shipping Co.
4. April 1, nothing has
arrived-receive assurances that it will
be there in 2 weeks. Store owner
informs me by email that damaged
dresser will be salvage.
5. April 30, nothing has arrived.
6. May 15, new dresser
arrives. Shipper's guys tell me
damaged dresser is salvage and
refuse to take it.
7. Mid-June - Store owners wife
contacts me to tell me that the
salvaged dresser is hers and that the
shipper made a mistake by leaving it
with me. An email exchange ( which
is increasingly hostile by the wife)
continues on through summer
months. I ask for proof of ownership
as I understood that the Insurance
claim paid for the damaged dresser.
In order to amicably settle this I offer
to purchase the dresser several
times and offers continually rebuffed
as saying it was not for sale.
to be continued ...
1 Answer from Attorneys
Re: ? re: Abandoment of Property +++
Although you received poor service, that fact is that you paid for a new dresser and you eventually received the replacement merchandise. Instead o exchanging hostile emails, take the higher road and let them retrieve the damaged dresser. Quite frankly, your actions make no sense to me.
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