Legal Question in Business Law in Illinois

Bad business practice

I went to a local musical instrument shop a couple of weeks ago to try and sell an old trumpet of mine. They set up a consignment, which stated that they would display it on their sales floor, I could set the price, and if it sold, I would get 80% of the selling price. I received a call yesterday saying that it had sold, and that my check was in the mail. I got another call today, saying that the buyer had returned the instrument today, but since the check was already in the mail, would I please either return the check or hold onto it until it sold.

Can they do that? Could I cash the check and say, ''Too bad for you.'' What could they do to me legally if I cashed the check? Could they come after me or my bank? I want to do the right thing, but I'm also very upset that they mislead me and that they are handling business this way. It's not right.

Asked on 2/11/09, 4:54 pm

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove
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Re: Bad business practice

Without knowing exactly what the agreement between you and the shop says, this cannot be answered. For example, was there a policy about returns. Even, if this is not spelled out in a written agreement, did you have knowledge that there was a return policy? Usually those are posted prominently.

Quite frankly, I do not see that they are handling this in manner that is detrimental to you. Cutting thorugh to the chaser, it appears that their policy is to pay you upon final sale. Apprently , this was not a final sale-your instrument is still for sale.

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2/11/09, 5:05 pm

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