What should I do about an antique dealer I think cheated me?

Question

My mother passed away six months ago. I have had the responsibility of liquidating her estate. I did not have much luck selling on my own. My aunt recommended this one man saying that he sold a book for her sister for hundreds of dollars. I did contact him and he took quite a few things including furniture, china, framed art, jewelry and boxes of assorted items. I had to sign a contract which he retained - I have no copy of it. So I asked him for a list of the things he took and he said he would send me one when he had a chance to inventory the consignment. This was back in April. I didn't hear anything from him since so I decided to visit his place of business. I didn't see anything there I recognized as my own. So I located him in his back office and confronted him. He acted like he didn't know me or know anything about the items I gave him to sell. Now I'm not sure what to do. I have no proof of what he took from the house. Any ideas how I should proceed or should I do anything?

Answer 1

With nothing in writing (DUMB, DUMB, DUMB! on your part, where the hell was your brain??), your only option is to try to prove you did give him the items on consignment and have not recieved any payment.

First, contact the police and file a theft report. Even now, they should take it as a valid complaint, and pursue it. You're talking $1000's of dollars of value, that's a felony, and jail time for him.

You can prove it by- other people seeing him remove the property? Anyone help him load it, neighbors, friends, anyone else around?? They can witness in court IN PERSON, a written statement from them is useless.

A second action, and this does work, is if you have very detailed descriptions of the items, you can place an ad in the local paper describing them in detail and stating they were stolen, that you BELIEVE they were sold through such and such store, and to contact you or the local police to return said stolen property IMMEDIATELY. Do an entire list. Even if the ad costs a couple of hundred bucks, it's worth it if you get anything back. If even two people contact you or the police and say they bought your mother's china from this asshole, you've got a solid case for either prosecution or civil court to get your money back.

I'd call him and tell him you're going to file a police report, and see if he offers to settle right then and there. If he's smart he'll give you some money, but if not, well, he'll incur $1000's in legal bills just to make it go away.

Answer 2

Some professions are especially sensitive to word of mouth reputation. Antique dealers fall into this category. This guy is probably very worried about getting a bad reputation, which will ultimately force him to account for the items he has stolen from you.

What worries me is that the items you entrusted him with might be worth a lot of money. I have no idea what you are discussing, but there might be some items that are extremely valuable, worth tens of thousands of dollars. This would be a windfall profit to him, so he's not going to give up without a fight.

There are wonderfully sensitive and inconspicuous micro pen recorders. You could turn one on and wear it under your shirt. While evidence of this type is often not admissible in court, you could use it against him privately. He might say some very incriminating things to you if there are no witnesses around. Think of questions to ask him that would make him acknowledge he took certain items. For example, you might say, "Just that china should have fetched $9500, I checked it out on the internet". He might stupidly respond that the china isn't worth half of that, hence proving he had it.

You can also threaten to contact the Better Business Bureau and the Local Chamber of Commerce. In fact, if he starts playing games with you, go to the local Chamber of Commerce in person. I think Antique dealers are required to have membership in some organization. Check out the link below. Call them and ask if membership in some organization is required for reputable antique dealers, just as other professions must be members of an organization that monitors members and weeds out the bad ones.

You can also threaten to call the police. Even though you allowed him in the house, he way he took these items is fraud. Although it was foolish of you not to get an itemized list, or to have made one of your own, the fact remains he took items which he did not pay for. That is theft.

Contact the local police department and get the specifics of the law. Ask specifically what they can and cannot do. You might be surprised that a policeman might be able to visit this dealer with you. For example, if a plumber fixes your pipes, and you refuse to pay, the plumber can immediately call the police, who will go straight to the residence and demand the money on the plumbers behalf.

Think of the antique dealer like a "sitting duck". You have all the ammunition. You can make life miserable for him and ruin his reputation. Take advantage of every means you have. You made a huge blunder, that is true, but I don't think you're in a hopeless position.

Remember, you have the truth on your side. This man is no better than someone who broke into the house and stole the items under cover of night. Get mad, get informed, and take action!

Answer 3

First of all, let this be a lesson to you in the future. NEVER give anything to anybody on consignment unless you get a signed itemized receipt. Second, whenever you enter into a contract with anyone, you get an EXACT duplicate of the signed agreement. Check and make sure that all copies are the same.

I'm sorry to say from what you have told me, you got rooked, and without proof of anything, chalk it up to experience.

Answer 4

unless you have an itemized receipt there is little you can do.

however! not all hope is lost, if you could identify any large items or any items you know he took and can prove (through photos or receipts of some kind, that they belonged to your mother you may be able to report those items as stolen. If he provides an invoice to the police then you can use that to show the other items he took.

Sorry about the loss of your mother, and best of luck.

Answer 5

OMG!! Call the police immediately! And then get a lawyer on retainer FAST! Yes, you got scammed - get busy!! Do NOT approach the man without a lawyer or a witness - RECORD everything from now on!!

Answer 6

Will be very difficult to prove.You allowed this dealer to remove items from the premises. Without a receipt for these goods.Perhaps best to consult a solicitor.

Answer 7

Wow, that is a tough one go to the police and report it as theft. You really should have read the contract as it could have been a simple "you sign over this property to me for no money at all".

Answer 8

Only thing to do to satify your doubt is proove it. I wish you had a better grip on the things that you have now lost. These things ment something to your mom. You couldn't wait and now you think you could have gotten more them. Tisk tisk. It's all too bad and so very sad.

Answer 9

you have no prove that he told anything from you it his word against yours you could make his life miserable and break a few thing of his like thing in his store or maybe even his store windows