QUESTION
Can a gaming business be liable for accepting stolen merchandise when purchasing the items from an individual who is underage?
Asked on Jul 06th, 2012 on Business Law - New Jersey
More details to this question:
In the Play N Trade Terms of Agreement posted on the website, it states that an individual must be at least 18 years of age in order to Trade in or Sell any games, systems, controllers, etc to the store. So my little brother (he''s 15) stole over 100 video games and over 5 consoles from me. He sold them to a the gaming store Play N Trade. Now, I was wondering if the store can be held liable for accepting the trade from a minor since no parental permission was given, nor a guardian present at any of these transactions. I already filed a police report with my local police department, I just wanted to know if I can hold the store liable for not following thier own terms and condition for their Trade in Policy; and if there is some way that I can be re-imbursed for my products from the store.
1 ANSWER
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As a general matter, a business is not criminally liable for accepting stolen merchandise unless it had actual or constructive knowledge that the merchandise was stolen. Your facts do not support such knowledge. Nor was the merchant's own policy for your benefit; you're a stranger to the business and the policy was for its own benefit. The only good news here is that a thief cannot pass good title to stolen merchandise, and the merchandise still belongs to you. You can sue to recover it. Small claims might be the right place. Or more importantly, your parents.
Answered on Jul 06th, 2012 at 4:30 PM