Legal Question in Consumer Law in California

jewlery

I purchased a ring form a local jewler. I have fallen behind in payments and have requested on occaision to have payment terms changed. He declined to do so and has threatend me with harrassing phonecalls from his employees. Last night, one of his employees called me and said that they were coming by to pick up the merchandise and he agreed that it would be O.K. to bring it by today. I have paid over 5k on this and I dont know if I have any rights to keep it and make the payments when I get a job. I dont mind giving it back to him providing that I have th eoption of brining in the money to buy it in full on the balance owed. Do I have any rights at all to the money I put into it?


Asked on 10/22/03, 1:20 pm

2 Answers from Attorneys
Siamak Pishvaee Pishvaee & Bavar

Re: jewlery

If the store did not have you sign a security agreement giving them an interest in the ring you dont need to give the ring back they can just sue for the balance plus interest

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Answered on 10/23/03, 1:12 pm
Reza Bavar PISHVAEE & BAVAR

Re: jewlery

Based on your facts you should be aware that if he does take back your jewelery he has to pay you for the difference between what you have paid to him and the price he finally sells it for. Example: You've paid $5000.00, he sells it for $10,000.00. He can't keep $10000, this is called unjust enrichment. He has to give you back your $5000, minus any damages he suffers from your inability to live up to your commitment.

Good Luck.

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Answered on 10/23/03, 12:29 am


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