Legal Question in Consumer Law in Nevada
Clear Title to Merchandise
I bought a painting at a thrift store. I listed it on eBay. The artist saw it there. The artist wants me to return the painting to her at no charge and wants to know where I bought it with a receipt for the piece. I offered to sell it to her for a 50% discount. She contacted her attorney who is demanding a return of the piece and proof of purchase. Do I have to show her a receipt (which I no longer have)? Do I have to return it to her?
3 Answers from Attorneys
Re: Clear Title to Merchandise
I don't think you have to do anything. You are what is called a "bona fide purchaser for value." Your problem is how much time and money do you want to spend on this issue. If you get sued, you should win and get attorney's fees but every good attorney would require you to pay a retainer and you would have to wait until the painter paid you to get even.
Re: Clear Title to Merchandise
Did the attorney provide any reasoning as to why the painting needed to be returend? Was it stolen from the artist? Otherwise, there is no legal basis of which I am aware.
Re: Clear Title to Merchandise
Warranty of Title
A buyer of goods can recover damages from a seller if the seller has sold stolen goods or goods that are subject to a third person's security interest. Every sale of goods carries with it an implied warranty of title. Under the law, title is largely synonymous with ownership. At the time of sale, the seller warrants that (1) the title he conveys is good and that transfer of that title is proper; and (2) the goods are free from any lien or security interest of which the buyer lacks knowledge.
If the painting is stolen, it can be recovered by the true owner through legal action, upon adequate proof. Your recourse is against the seller, under the above-cited law. Without a receipt, good luck.
Your attorney can explain further.
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