Stolen merchandise brought in for repair.

[inhawaii]

What is the name of your state (only U.S. law)? HI

A customer brought in a generator for repair. It was "kind of" stolen from us. Somebody unknown and unauthorized came in and pulled a fast one, paid for the repair and picked it up, pretending to be the owner. It was our fault as we did not follow proper procedures.

By all means under normal circumstances we would replace the generator for the customer, but in this case, after doing some research, it turns out the generator that was brought in for repair was reported stolen BEFORE it was brought in for repair. The person who brought it in for repair may or may not have known it was stolen.

The generator in question was originally purchase from us in 2013. Reported stolen by the original owners in 2014.

Are we required to do anything for the person who brought it in for repair since they are now out a generator?

Thank you in advance for your help in this matter.

 

[tranquility]

If you are sued, you will have to prove the person who brought it in did not have rights to it.

 

[inhawaii]

If you are sued, you will have to prove the person who brought it in did not have rights to it.

We have the original purchaser's receipt as well as his police report (with model and serial number) reporting it stolen.

 

[Zigner]

We have the original purchaser's receipt as well as his police report (with model and serial number) reporting it stolen.

Yes, that says that it was reported stolen. That doesn't mean that, some time in the past two years, that situation hasn't changed.

 

[tranquility]

We have the original purchaser's receipt as well as his police report (with model and serial number) reporting it stolen.

As Zigner wrote, that is not the end of it and why I wrote such an awkward sentence. The theft may have been dealt with in any of a number of ways and the person who brought it in rightfully owns it now. Conversely, they may be a bona fide purchaser for value with superior rights to all but the true owner (not you).

I'd discuss the issue with the person who brought it in and see what they claim.

 

[inhawaii]

Spoke to the original owner. He claims it is still outstanding. He never got it back. He would like to get it back.

Spoke with the customer who brought it in for repair. He bought it from "someone". Of course he claims to have no idea it was stolen.

 

[tranquility]

Spoke to the original owner. He claims it is still outstanding. He never got it back. He would like to get it back.

Spoke with the customer who brought it in for repair. He bought it from "someone". Of course he claims to have no idea it was stolen.

Did the original owner get any insurance reimbursement for the generator? If so, it is probably the insurance company's now. If the customer made an arm's length purchase for a fair amount of money with no indicia the item was stolen, he has rights against all but the true owner.

Gather as much evidence of events as you can. You may have some liability.

 

[OHRoadwarrior]

It is very likely, the generator was stolen twice by the person making the claim and a collaborator. I would advise them you will not reimburse them for goods they did not own and let a judge decide if they push it.