Legal Question in Real Estate Law in Utah

About four years ago a company called and asked if I would like to try a free 30 day trial of their air purifier system. I accepted and before the 30 days were up I called them and asked if they would come and get it as I was having guest from out of town come in and didn�t want them coming when the guest were here. No one showed up.

2 years later they call and say that they have gone thru a lot of management changes in the last little while and they want to know if I still have their air purifier system. I say yes and my wife changes her plans so she can be at home for them to come and get the system. They don�t show up. We set up another appointment with them (again my wife having to change her schedule) and they don�t show up again.

So this evening around 8:10 pm we get a call saying they want the air purifier system back. I tell them that as far as I�m concerned that the thing is mine as we have tried to give it back to them and haven�t come for it.

Just wondering if I can legally keep it or if I should just give it back?


Asked on 10/01/09, 11:14 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Rather than risk a collections action from the seller; tell them to ship to you a prepaid return shipment container, in which you will pack the purifier and return to them. Keep notes on your conversation. If they never send the container, the purifier is yours.

Technically they have already abandoned the purifier - but you may not want to risk a collections action or court battle over that issue.

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Answered on 10/07/09, 12:54 pm


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