Legal Question in Business Law in Michigan

Any Laws Against?

I have shopped at garage sales, flea markets, and second-hand stores for many years. It has become a hobby that I enjoy. My mother and sisters have also collected quite a bit of used articles while bargain shopping with me. After many years of doing this we have accumulated everything from clothes, shoes handbags, lamps,pictures, books etc...Everything is in good to excellent condition. Is it legal to lease a shop and resell our collection to the public? it would be called a ''used'' or ''second-hand shop'' with very low prices. The space we are looking to lease is located in a low income area, so we feel it would be helpful to the residents to buy gently used items at very low prices. Is there anything illegal about this? I am located in Michigan.


Asked on 3/12/01, 12:21 am

2 Answers from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Any Laws Against?

This is an acceptable method of sale as long as any and all sales taxes are paid and any regulatory requirements of the local county are followed. These are better known in many cases as "antiques and other artifacts". Please make sure that you tell your customers that the goods are bought "as is" with all faults.

Good Luck!!

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Answered on 5/22/01, 2:17 pm
Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

Re: Any Laws Against?

The reselling of goods which were owned and/or used by others is not illegal or improper, although some laws might prohibit the resale of certain items, for health reasons or other matters of public interest.

Sellers of antiques or other previously-owned items sometimes run into problems where they make representations about the item, such as market value, age, authenticity, quality, or grade. If you make any representation of an item, be certain that you have some corroboration for the representation, in the event that a buyer later claims that he/she was defrauded.

You also might consider creating an entity, such as a corporation or a limited liability company, so that you might limit your exposure to liability, in the event of a legal dispute over the sale of these items. You should consult an attorney concerning the possible benefits.

This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response.

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Answered on 5/22/01, 2:52 pm


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