California  |  Consumer Law

Legal Question

Asked on: 12/23/05, 12:50 pm

Internet Auction Item not Sent

I purchased a bronze sculpture from a CA seller. It arrived damage so I filed a claim with the shipper. It is the shipping companies policy to pick up and inspect the damage on their premises. The sculpture was supposed to be sent to me but instead was sent back to CA. The claim was subsequently denied. I recently found out the item had most of the damage prior to shipment. I would not have filed a claim if I had known this. I've been trying to have another shipping company pick up this sculpture but the seller refuses to let this happen. His contention is since it was sent back to him, it was his. He knows the claim has been denied. He has also told me that he found out what this piece is worth and intents to sell this item again at an open art auction. According to recent auctions, this piece is worth between $18,000 to $38,000. My intention all along is to repair the damage and add it to my collection. How do I get this item back? Do I need an attorney in TX or CA?

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