Legal Question in Legal Ethics in Colorado
Consignment
I sent my car to Computer Car Buying and signed
a contract for them to sell my car. After 9 months
they have not sold my car and sent it to impound
without even notifying me. Do I have any course of
action against them?
Asked on 4/19/01, 9:26 am
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: Consignment
The situation you describe is known as a "bailment" in the law. In your example the car dealer has a fiduciary responsibility to protect your property while performing the services he agreed to perform.
If the car didn't sell, he owes you the car or the fair market value of the car.
You may have to take him to small claims court, but under the facts you relate you should have a good case.
Answered on 6/13/01, 4:36 pm
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