Legal Question in Consumer Law in Massachusetts

My question involves a consumer law issue in the State of: Massachusetts

I privately sold an Armoire on Craigslist 2 months ago. The person came by to look at the item, paid for the item in cash but did not take the item with him. Since then, it's been 2 months and he still hasn't pick up the purchased item. I would like the armoire out of my home so I can make room. How long does he have to pick up the item before this is considered property abandonment or before I can begin to charge for storage? In essense, this is HIS item that he purchased and I've been storing it for the last 2 months in my home. This is getting irritating. Thank you for your help.


Asked on 4/04/13, 7:17 am

1 Answer from Attorneys

Thomas Beauvais Thomas Beauvais, Attorney at Law

There's no strict time period, but here's what the law requires. I'm assuming you don't have a written agreement that sets out the specific details of delivery of the armoire. In that case, the seller (you) must make the armoire available for the buyer to pick it up for a reasonable time. Perhaps 2 months is reasonable, but that's not exactly certain. The other issue is that you must give the buyer reasonable notice that the armoire is available to pick up, so if you haven't contacted him in a while, you should give him another notice to pick up the armoire.

With regard to the storage, absent an agreement to the contrary, you cannot charge the buyer for storage, because legally, you're still responsible for the armoire until he picks it up. If you do decide to put in storage, you have to give him notice where it is and how he can pick it up.

If you want to move on from this sale, you need to notify the buyer that he has a certain amount of time (2 weeks is likely appropriate) to pick up the armoire or you will cancel the sale and return his money. Realistically, you either need to get him to take the armoire or give him back his money and sell it to someone else.

Hope this helps. Good luck!

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Answered on 4/05/13, 5:43 am


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