QUESTION
Is it legal to keep a commissioned item that was never picked up?
Asked on Jun 28th, 2014 on Consumer Law - Florida
More details to this question:
I built a gaming computer for a customer on commission about a year ago. The computer was delivered via Fed-Ex but arrived DOA. The machine was shipped back and after battling with Fed-Ex for around 6 months I finally fixed it without having to receive the insurance claim on the shipment. However, around 2 weeks after I notified the commissioner that I have the computer ready and am waiting for them to provide me with a means of shipping, I lost contact. Not that I fell out of contact, rather the commissioner disappeared. I cannot get in contact with him, his friends cannot get in contact with him, and neither can his family. The item has just sat in storage since, and I cannot no matter how hard I try to, establish contact with the commissioner. I am curious now whether or not it would be legal to consider the item viable for resale or not.
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
Its impossible to tell since you use terms like "commissioner" as opposed to buyer. If the item was paid for, and you have it, ship it to his address and its done. If you built it, and he has not paid for it, I would presume its yours until he does so. Other than that, you will probably needto hire a lawyer to actually have him help in determining how to address this issue properly. If you have further questions, we provide FREE consultations. Just call our office at 1-800-922-6442.
Answered on Jun 30th, 2014 at 2:37 PM
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