Legal Question in Business Law in Illinois
If you are a vendor in a retail store and someone buys your merchandise and bounces a check, who foots the bill? The vendor or the store owner. The store owner made the decision to accept checks.
1 Answer from Attorneys
Based on your facts you are in a store setting where even though there are many vendors (typical of an antiques mart), the owner of the premises rents you an area and collects your rent through a share of the proceeds of each sale. If so and as you say the owner has decided it will accept checks (and you have no right to say no to the policy) you are looking to the owner to handle the administrative side and "guaranty" collections so it would be the owner (something like "Paypal" for example, in ebay). However I know also that some antique marts and similar "department" stores do NOT do that and that the "owner" makes out a receipt for each vendor and not for the "store", with a policy to accept checks solely for the convenience of all vendors so the buying public is not confused by a myriad of different vendor payment requirements. So you need to look at the whole picture and any agreement you signed to display your merchandise, because normally the "owner" shouldn't have it both ways unless you contractually gave up your rights.....
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.
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