Legal Question in Business Law in Pennsylvania

Retail Sales

We repair/restore client's glass. How long does a business have to keep a clients product after they have been verbally notified to pick up and if they do not pick up what can I do with the product? If you need more information regarding my question please advise. HELP!!


Asked on 12/13/06, 8:42 am

1 Answer from Attorneys

Douglas Humes Law Office of Douglas P. Humes

Re: Retail Sales

1. Give a notice in writing to the customer to let him know that the product is ready, that he has some specific number of days to pick it up, and that if he fails to do so, then you will sell the item (if it has resale value), or otherwise dispose of it. As a general rule, any time you are entering into a situation that may turn into a legal dispute, keep a written paper trail. Your lawyer will thank you for it when the time comes to resolve the issue in front of a judge.

2. If the customer does not pick up the product or otherwise make arrangements with you by the given date, then the buyer has breached his contract with you. You are then authorized to resell the goods. Your obligations are to act in good faith, within a commercially reasonable time, and in a commercially reasonable manner. You may recover the contract price less the resale price together with any consequential and incidental damages, less expenses avoided as a result of the breach. If the goods have no resale value, then you may simply dispose of them. Keep written records.

3. For next time, so that you don't find yourself in this same spot, when you take goods from the customer, give him a receipt, identifying the goods, and the customer with his phone number and mailing address, and containing on the back the basic terms on which you will hold the goods - including the notice that if he does not come and pick them up within x days of when you give him written notice, then you will resell or otherwise dispose of the goods and apply the money received against what is owed plus your costs.

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Answered on 12/13/06, 9:20 am


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