What is a seller’s right to resell merchandise not picked up after 1 year?

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What is a seller’s right to resell merchandise not picked up after 1 year?

My father sold a backhoe to a gentleman about 12-14 months ago. The gentleman paid the full asking price ($2500) and said he would be back in a couple of weeks. Well after 2 weeks I started emailing him asking him when he was going to pick up the backhoe. I never got a response back from him for 4-5 months. Then I got 1 email from him saying he would be by in a couple of weeks. Then he called my dad 4 monhs ago and said that he would pick it up in a week. However, he still hasn’t showed up. Does my dad have a right to resell without notifying the buyer?

Asked on June 13, 2012 under Business Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, your father would not have the right to resell the backhoe, not without returning the money paid for it, at this point, since from what you write, there was no agreement at time of sale that the backhoe had to be picked up by a certain date or be deemed abandoned. You father should send the gentleman a letter, some way (or preferably ways) he can prove delivery--such as Fed Ex, certified mail with return receipt, etc.--in which he recounts how long he has held the backhoe and gives the gentlemen 60 days to pick up or else it will be considered abandoned by him. Your father should send out maybe two or three reminder letters the same way, at intervals; this would put your father in much better position to take action later, such as re-selling the backhoe.


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