Who Legally owns Refunded Merchandise?

[SirDomino]

What is the name of your state? Florida

I purchased a high dollar ($1500+) product and paid online, and after 6 months of the product not working properly, a refund was issued and I was told that the item would be picked up. Nothing was heard from seller until 60 days after the refund was deposited, when they suddenly decided they wanted to schedule a pickup.

Unfortunately I have sinced relocated and was not able to 'store' the product and no longer have it in my possession. The urgency of the pick-up and the relocation was stressed, by me, prior to the issuance of the refund.

Who legally owns the product now? Did the seller forfeit any sort of ownership by waiting over 2 months to pick it up? Do I have the right legally dispose of the item? Who is Liable?

Thanks.

Respectfully,

Richard M. Thomas

 

[moburkes]

Nope, they didn't forfeit anything. You owe them money or the item.

 

[SirDomino]

So do they have an unlimited amount of time to pick up an item and am I forced to store it for them for an unlimited amount of time?

 

[moburkes]

So do they have an unlimited time to pick up an item and I am forced to store it for them for an unlimited time?

Nope, they don't. Nope, you don't.

 

[SirDomino]

Nope, they don't. Nope, you don't.

I appreciate the response. So how long do they legally have to pick up an item before they forfeit ownership to it? And how long do I have to store it for them before I can legally dispose of the item?

Thanks again.

 

[moburkes]

I don't think there is a law on the books, but you didn't give them an opportunity to make arrangements, when you destroyed the items without giving them an opportunity to pick them up. If nothing else, since they mailed the item to you, you could have mailed the item back to them.

 

[SirDomino]

I don't think there is a law on the books, but you didn't give them an opportunity to make arrangements, when you destroyed the items without giving them an opportunity to pick them up. If nothing else, since they mailed the item to you, you could have mailed the item back to them.

The item requires a freight pick-up. A return/refund was decided on 2 months prior to the refund, and then another 2 months after that until they finally decided to make the pick up. So they had a total of 4 months to arrange a pick-up.

I wish it was as simple as mailing the item back.

 

[tranquility]

The situation isn't fair at all. However, you should have notified the company of your plans before getting rid of the item. Something like a CRR letter demanding pick-up within a certain time or you will "store" the item at a cost of $x amount of dollars per day.

 

[SirDomino]

The situation isn't fair at all. However, you should have notified the company of your plans before getting rid of the item. Something like a CRR letter demanding pick-up within a certain time or you will "store" the item at a cost of $x amount of dollars per day.

That would have been smart. Unfortunately it was all verbal, as I told them that in 2 months I would be relocating and they said that was more then enough time. They knew I would not be able to take the item with me due to its size/weight. That was nearly 4 months ago.

 

[Zigner]

That would have been smart. Unfortunately it was all verbal, as I told them that in 2 months I would be relocating and they said that was more then enough time. They knew I would not be able to take the item with me due to its size/weight. That was nearly 4 months ago.

And you then should have followed up with WRITTEN notice...(as you were told above)

 

[SirDomino]

And you then should have followed up with WRITTEN notice...(as you were told above)

Regardless, Are there no limits on how long the seller has to pick up their item? If there is not an unlimited amount of time for them to claim an item, then what is the time? Is it determined through a 'reasonable' amount? 4 months (120 days), seems an excessive amount of time.

Thanks again.

 

[moburkes]

I answered that question already. What you should have done, was also described to you.