My question involves business law in the state of: PA
I accepted some pieces of furniture from an acquaintance for resale on consignment basis, and I am having some trouble getting the owner to take back the unsold items and follow the contract.
We have a written agreement, somewhat informal over e-mail. I am not incorporated, just a restoration craftsman with occasional outside consignments.
In my original proposal I offered to take half the items with a standard commission rate, and the other half I offered prices to simply purchase them outright. At that time I offered an immediate cash pay out for the items I would buy, and the regular consignment items standard pay-out later after I resold them less my commission.
The owner agreed to all the prices and commission rates but asked if I would hold onto the immediate $ from the purchase items so she could use it as store credit toward my other sale items. I agreed to this.
Now that the consignment has expired she does not want to take her unsold consignment items back, and because she has not used the store credit I granted her for the items I was to purchase, she wants more $ for them than we originally agreed. To further complicate the matter, I no longer want one of those buy-out items and would like her to take it back along with the unsold consignment items.
When I ask her to take back the consignment items, she either ignores my requests or gives me excuses for not taking them back. She asks me to keep trying to sell them for her. I have already sent her e-mail notification of the expiration of the contract and a request to take back specific items I refused to retain on consignment.
I neglected to include the usual standard clause in the contract that would pass title of the items to the shop if the owner did not reclaim them in a specific amount of time after the consignment expired. Did I make a mistake in leaving this out?
Do I have to keep storing the unsold items for this consignor, and if so for how long? what steps would I take to get her to reclaim and remove her property? and if she does not do so, does she retain ownership? or is there a time limit? what can do with the property to remove it?
If I originally agreed to purchase a portion of the items myself but the buyer never accepted payment, am I still obligated to purchase all of those items, and can I still hold the owner to the original agreed upon prices if they are not yet paid for?
I am sorry this is so complicated. This is my first time posting here.