Legal Question in Civil Rights Law in Florida

What to do if a Consigner is suing me?

I am a consignment based event organizer...If I am being sued by a consigner for the non payment of an item that sold, however, the purchaser returned the item and got a refund, can I simply return the item back to the consigner, without having to compensate him? Technically the transaction was never finalized...I am being sued by the consigner because of this. I have the consigned artwork in my possession but would rather just return it to the artist as opposed to paying for it. The artist (consigner) said in an email dated March 07th 2009, that he wanted $300 or the painting back. But now he's suing me for $500? Just let me know if I can give him the painting back and legally be ok. Keep in mind, there are no written contracts between him and I.


Asked on 4/20/09, 9:29 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: What to do if a Consigner is suing me?

If thewre are no written agreements (not a good idea, by the way) then the artist will have a tough time proving what the agreement was. Whether you can just return it in the end would depend on what the judge says your agreement was based on the evidence presented. Xall and see if the artist will take it back. Get a release if he or she does.

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Answered on 4/20/09, 9:36 pm


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