Legal Question in Credit and Debt Law in Pennsylvania

Re: non payment for custom made order

You asked about ownership of a custom ordered quilt.

Generally a party providing custom goods must do all they can to assure delivery when the goods are completed. The sale actually took place when the customer placed the order for custom goods.

Deposits guarantee the customer's performance. If the customer fails to perform then they forfeit the deposit, essentially as liquidated damages. This would also apply to any subsequent payments.

The seller should make reasonable and well -documented attempts to obtain performance by the customer. The seller should ultimately inform the customer that goods will be sold to cover the amounts due. If there is an overage when the product is sold, then the customer _may_ have a claim to any overage. But if there is a deficit the customer should still be liable for the deficit between the amount made on the sale and the contract price.

Storage and late fees are not available unless these were disclosed to the customer beforehand. Essentially, get in touch with the customer and tell them if they don't make good by X date you will sell the item. Sell the items and if you get less than the amount owed it will probably be a write-off. If you get more, then it should be either sent to the customer or kept for the customer. If the customer doesn't claim the funds then those funds escheat to the state.

Regards,

Roger