Legal Question in Consumer Law in California

contract

Sunset West, an investment collectable firm in LA, went out of business. I was told The Smythe Group, in LA, would be taking over the firm�s clients. I contacted them and was told that they would pick up the items, and hold them until sold for a fee of $1,500. I sent the check and latter contacted the agent. I was told that my items were picked up and were personally appraised. I was sent appraisal forms which I signed and sent back. I was assigned a rep who I contacted at least once a week for over a year. I recently requested an updated list of my items, worth about 50K, so another firm could market them. I received a letter saying that The Smythe Group does not have my items and that the items were never picked up. The letter stated that they will no longer be representing me and to contact my agent at Sunset West. There is now no way of contacting Sunset West since they went out of business over a year ago. The owner of Sunset West Allen David Libman is nowhere to be found.

Is the Symthe Group responsible for my items? Can I sue them for a breach of a verbal contract since I was told that they would pick up, hold, and market the items after they receive my check for $1,500 and was lead to believe they had my items?


Asked on 9/08/04, 4:49 pm

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: contract

You should at least be able to recover the $1500. You might even be able to sue them in Arkansas, because the harm occurred in Arkansas. You'd have to check AK law for that.

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Answered on 9/08/04, 5:08 pm


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