Legal Question in Business Law in California

I bought a bike from a chain sporting good store and left it there for a tune up. When I went back to pick it up I was told that the bike was sold to someone else. Can they do that?


Asked on 7/15/10, 11:36 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Assuming you didn't leave it there for a month after it was ready, and you have the receipt, call the police.

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Answered on 7/16/10, 2:43 am
Kevin B. Murphy Franchise Foundations, APC

The answer is they did it; the question is what action you take in response. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 7/16/10, 7:06 am
Susan Adler LAW OFFICES OF SUSAN ADLER, ESQ.

If you have a receipt for the purchase of the bike, and if you have any documentation showing that you left it at the store for the tune up, you can certainly take them to Small Claims Court. Undoubtedly you would win. Even if you only have the receipt for the purchase of the bike, with a little additional evidence (like a witness who can attest to the fact that you left the bike with the store for a tune up), you can still go to Small Claims Court, and probably would win. In any event, chances are it will not be worth the trouble to the sporting good store to have to defend the Small Claims Court action, so they will probably attempt some kind of resolution. Good luck!

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Answered on 7/16/10, 7:27 am
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Did you pay for the bike and do you have a receipt for both the payment and for leaving it there for adjustments? (If you paid but don't have any paperwork showing that you did you need to ask yourself why?) If so, the store should get you another bike or refund your money. What was their response. If you paid by credit card you can also dispute the transaction with the credit card company.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 7/16/10, 12:26 pm


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