Legal Question in Real Estate Law in California
Abondoned personal property
Hello -
I work for a horse supply company that takes used saddles on consignment. We have had several saddles in the store for several years. Many of these saddle we have attempted to contact the owner via the information provided when we took the saddle and through 411 and internet search to no avail. The question is how long do we have to hold on t these saddles and what steps do we need to take to ''get rid'' of them and may we sell them, give them away or what is the proper means of disposal in the state of CA. Any help would be greatly appreciated!!!
Thank you.
1 Answer from Attorneys
Re: Abondoned personal property
Sounds like your employer has a contract with the saddle consignors, whether written or oral or even if partially or wholly implied in fact. The terms of that contract would govern. The contract probably creates a bailment for hire. Your employer, the bailee, has a duty to care for the property. You can sell it according to the terms of the contract, but if you sell it for less than the minimum permitted, you may be liable to the bailor/former owner for the money difference. The statute of limitations will run out at some point, however, and at that time the bailor will no longer have the power to sue and recover. I hope this is helpful. The practical bottom line is that you could sell for whatever you can get after the probability of a claim by the owner is remote. There would be a slim chance of an unfavorable result but the odds would be greatly in your favor.
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