Is it my right to see the contract I signed at a consignment store?

Question

I signed a contract and got no copy of it. I have taken many items there and received very little money from them. The contract states 50/50 split on my items sold. I know for a fact my toddler bed sold for $100.00. I received only $25.00. The owner said it sold for $50.00. I am leaving this consignment store and I am having trouble getting any money I have made and getting the rest of my clothes. Also, when I was there I asked if any of my clothes sold. The owner said no. I saw here daughter there and she was wearing one of my outfits I had there to sell. Please help, I don't like talking to the owner, for this gets me nowhere. I need information on what action I should pursue. Thanks for any help you can give me!

Answer 1

This happens all the time. Sometimes the consignment store goes bankrupt and despite title to the goods remaining with the customer, goods and money disappear.

Check the Better Busiiness Bureau site, and file a complaint with them if you can: http://bbb.com/

You are entitled to a copy of the contract. Your state's consumer affairs bureau (sometimes part of the Attorney General's Office) may be able to help if the store stonewalls.

You can, if need be, file a complaint with the Small Claims Court. Make sure you get the name of the store right: especially whether it is a corporation, LLC, sole proprietorship, partnership, or what. You can check the name with the county clerk's office (for hte last two) and with the Secretary of State or other corporation office in your state's capital (often online) for corps. and LLCs.

Answer 2

If you signed a contract and are not given a copy of it then it is invalid. What you need to do is get a lawyer or legal aid to sue the consignment shop.

OR

Tell the owner you want your stuff back and you want the fair compensation for the items that sold. Tell her if you are not treated fairly you will picket the store with your children. Tell her you will stand outside with a sign untill she relents. A friend of mine did that and it only took an hour for the store owenr to give her what she wanted so she would go away. It's your right to do this so I would try it.

Answer 3

Documentation is the key!!! I would send the owner a certified letter, return receipt requested. In this letter I would ask for a detailed accounting of every item they have sold for you, when it sold and for how much. I would also ask that evey item they have not sold be prepared for you to pick up. Give them ten days from receipt of your letter (the date will be on your return receipt) to comply. State that you will come by the store on the tenth day, and your accounting and your items need to be ready. Keep the letter very professional and very clear.

While they are getting your lists for you, you need to go about getting any other proof that you can. You said you know that they sold your bed for $100. How do you know that? If the person that paid for the bed told you this, then see if you can get them to write an affidavit, but be sure you get it notarized. Anything along those lines is what you need.

On the tenth day, if they have not complied with your requests, go file your claim in civil court. You can sue for whatever items they did not return (have proof that you gave it to them), any $ discrepancies (i.e. the bed), and court costs. In your letter, do state that you will file a case against them if they don't comply.

If you get all of your documentation, you will slam them. Good luck!!!

Answer 4

If it was me. I would LOUDLY complain in the store in front of customers, that they are ripping you off. Hopefully, that would get the result you want. If you signed a contract, you should get a copy of the contract you signed. You could speak to a lawyer...many of them offer free consultations, and that would probably be enough information to tell you what you need to do. You could just let it go, file a complaint with the Better Business Bureau, and decide it's a lesson learned. Or you could contact your state's Attorney General's office, and possibly talk to a Consumer Advocate. What a mess. Good luck!

Answer 5

If the owner won't give you a copy of the contract, send someone else in there to start a new account. Have the person "take it home to look over before signing."

Once you get a copy of the contract, you'll be able to see what kind of legal action you can take. Unfortunately, though, I think the legal fees might be more than the money you'll get.

Good luck!

Answer 6

If I sign ANYTHING I ask for a copy. Tell the store owner you want a copy of the contract and a copy of the bill of sale for the bed! Do not take anything to the store unless they comply!

Good Luck!

Answer 7

You do have the right to get a copy of anything you signed. The problem is going to be that it's probably not a chain store so the owner is the one you have the problem with and she's also the one you have to deal with. Goo luck. Let her know that you will tell all you see about her store and suggest they go elsewhere also.

Answer 8

You are required to receive a copy of the contract. He has to provide you with a copy if / when you ask. All you can do is report him to the better business bureau and demand your belongings back.

Answer 9

In most jurisdications, the contract is not valid if you never saw it.

The core element of a contract is an agreement, mutual assent to common terms. And if I were not given the opportunity to read and understand those terms, then as a threshold matter I'd argue that contract failed for lack of mutual assent.

Answer 10

Listen to Andy, but the store has no obligation to show you their copy of the contract. If you didn't get a copy that is your fault.

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