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Third-party consignment store lost my property, what's the legal compensation I should ask for?

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makocze

New member
I have used a consignment store (therealreal) to sell my little used items (jewelry/clothes). Some of the items were priced too low so I asked for them to be returned to me. Items were shipped and even delivered but I never got them (may be stolen or delivered by mistake elsewhere). What would be fair/legal amount of compensation as I am only offered price they were going to list it for which is not even 50% of retail and which was the reason I wanted to reclaim my items in a first place. I am located in DC.
On the similar notes, same shop lost my mom's item that already was accepted and in their possession (warehouse). What's the legal compensation in this case as well?

Much obligeted
 


Taxing Matters

Overtaxed Member
I have used a consignment store (therealreal) to sell my little used items (jewelry/clothes). Some of the items were priced too low so I asked for them to be returned to me. Items were shipped and even delivered but I never got them (may be stolen or delivered by mistake elsewhere). What would be fair/legal amount of compensation as I am only offered price they were going to list it for which is not even 50% of retail and which was the reason I wanted to reclaim my items in a first place. I am located in DC.
On the similar notes, same shop lost my mom's item that already was accepted and in their possession (warehouse). What's the legal compensation in this case as well?

Much obligeted
First, you need to know how the good were lost. Did the shipper lose them? Were they delivered to you but stolen from, for example, your mailbox or front porch? That will affect who is actually liable for the loss. Assuming the store is liable, you'll need to first check the terms and conditions of the contract you have with the consignment. It may include some limit or computation for loss of consignment goods. Note that used goods tend to sell for less, often quite less, than the new price that the item is sold for at retail stores. You won't get anywhere near retail price selling them at a consignment store, and if the store is liable for it and there is no limit on loss in the contract, then all you'll get if you sued the store for the loss is what the used items were actually worth, e.g. what a typical unrelated buyer would have paid you for it.
 

zddoodah

Active Member
I'm curious why you had the store ship the items to you rather than simply picking them up yourself.

What would be fair/legal amount of compensation
The starting point is any contract you had with the consignment store and contract/terms of service with the shipping company. If an item was delivered and stolen, you're not likely entitled to anything from either the store or the shipper. If the shipper delivered it to a wrong address, then any entitlement to compensation will be governed by the shipper's contract/TOS. It certainly won't be more than the fair market value of the items.
 

quincy

Senior Member
I have used a consignment store (therealreal) to sell my little used items (jewelry/clothes). Some of the items were priced too low so I asked for them to be returned to me. Items were shipped and even delivered but I never got them (may be stolen or delivered by mistake elsewhere). What would be fair/legal amount of compensation as I am only offered price they were going to list it for which is not even 50% of retail and which was the reason I wanted to reclaim my items in a first place. I am located in DC.
On the similar notes, same shop lost my mom's item that already was accepted and in their possession (warehouse). What's the legal compensation in this case as well?

Much obligeted
Do you have a list of the items, descriptions of the items, photos of the items, estimated market value of the items (similar items are selling for what amount)?

Were the items insured?
 

stealth2

Under the Radar Member
The Better Business Bureau seems to have some success resolving similar issues with therealreal...
 

quincy

Senior Member
The Better Business Bureau seems to have some success resolving similar issues with therealreal...
The Better Business Bureau can try to get the parties to come to a satisfactory resolution to their problems but really have no authority to do anything.
 

stealth2

Under the Radar Member
The Better Business Bureau can try to get the parties to come to a satisfactory resolution to their problems but really have no authority to do anything.
I know - I should have clarified that for OP, so thanks for doing so. I just did a quick search regarding TheRealReal, and BBB came up wrt complaints - which lead to numerous resolutions. Not all successful, but still.

At the end of the day, TRR seems to have quite a few issues wrt customer satisfaction (from buyers and sellers). OP might have saved themselves quite a bit of grief by doing some initial research. The 20% commission from a sale would be enough to give me pause, tbh. FB Marketplace of Craigslist would likely be a better option, though requiring more work on the seller's part.
 

quincy

Senior Member
I know - I should have clarified that for OP, so thanks for doing so. I just did a quick search regarding TheRealReal, and BBB came up wrt complaints - which lead to numerous resolutions. Not all successful, but still.

At the end of the day, TRR seems to have quite a few issues wrt customer satisfaction (from buyers and sellers). OP might have saved themselves quite a bit of grief by doing some initial research. The 20% commission from a sale would be enough to give me pause, tbh. FB Marketplace of Craigslist would likely be a better option, though requiring more work on the seller's part.
Generally a better option than complaints to a Better Business Bureau would be complaints to states attorneys general, consumer protection divisions. AGs have the authority to do something. BBBs do not.

The RealReal is based in San Francisco, California - but the problem described does not sound like it warrants a state (or even a BBB) complaint. It sounds more like a shipping problem (lost in transit?).

If shipped, there should be a tracking number that can show when and where the shipment was located and where it might have been mislaid or delivered by mistake.
 

stealth2

Under the Radar Member
Generally a better option than complaints to a Better Business Bureau would be complaints to states attorneys general, consumer protection divisions. AGs have the authority to do something. BBBs do not.

The RealReal is based in San Francisco, California - but the problem described does not sound like it warrants a state (or even a BBB) complaint. It sounds more like a shipping problem (lost in transit?).

If shipped, there should be a tracking number that can show when and where the shipment was located and where it might have been mislaid or delivered by mistake.
Presuming, of course, that RR actually did ship the items...
 

NYCView

New member
I have used a consignment store (therealreal) to sell my little used items (jewelry/clothes). Some of the items were priced too low so I asked for them to be returned to me. Items were shipped and even delivered but I never got them (may be stolen or delivered by mistake elsewhere). What would be fair/legal amount of compensation as I am only offered price they were going to list it for which is not even 50% of retail and which was the reason I wanted to reclaim my items in a first place. I am located in DC.
On the similar notes, same shop lost my mom's item that already was accepted and in their possession (warehouse). What's the legal compensation in this case as well?

Much obligeted
Same here !
 

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