Legal Question in Civil Litigation in Florida

abandoned property

I had a yard sale in the middle of october and a gentleman bought a couch and entertainment center and paid for it and said he would come back to pick it up. I am moving next week and he still has not picked up these items, how long do I have to keep the items before I can get rid of them?


Asked on 12/14/07, 10:39 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: abandoned property

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Normally, a garage sale is cash and carry. There is no law on how long you have to hold stuff on items that were paid for but never picked up. It has certainly been a reasonable period of time since the sale in October until now, thus I believe you would be justified in discarding these items when you move.

Scott R. Jay, Esq.

Read more
Answered on 12/14/07, 11:12 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: abandoned property

Can you contact him? If so, let him know you are moving and the items need to be picked up. Sounds like he has abandoned the property, but I would try to get in touch with him to make sure. In my judgment, you would not need to take the items with you when you move -- unless your agreement with him contained any obligation to preserve the items.

Read more
Answered on 12/14/07, 1:15 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Florida