I purchased a heavy kitchen counter(400 pounds) at a store in San Diego-Ca. 4 days ago.I thought that they delivered.They do not do delivery.I then asked if one or a few guys
could help me lift the item into my vehicle and I was also told that they could not and would not lift the item into my truck.I told the manager that I am busy alot and that it maybe a few days before I could p/u the item.I was told that it was alright to leave my item there for a few days.It has now been 4 days and the item is still at the store. Is there-are there any law(s) on the books about a period of time(week-month?), a consumer has to p/u items from the store where they were purchased and paid for in full?I have not received a response from any California attorneys.I would appreciate your reponses.Thamkyou
I have only received a response from a Vermont attorney who practices law in Vermont only.Needless to say he was not able to help me or provide any information what so ever that came close to constituting an answer.I am waiting for all your responses.Thankyou
There is no California statute specifically on point.
There is law regarding lawaways. See the California Layaway Practices Act at Civil Code §sections 1749-1749.4.
There is also law regarding retail store refunds and store credits. See California Civil Code section 1723.
However, with respect to your specific issue, the answer really depends upon your contractual agreement with the store and/or the store's policy regarding pick up.
Unless this is a special order item, your choices are to either pay for delivery from a third party provider, or return the item for a refund.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Personal Injury Lawyer
Based on your post, it sounds like you haven't asked the store if there is a maximum amount of time that they store purchased items for customers. So, what I would do is first inquire with them as to how long they'll keep the kitchen counter for you because you never know--maybe they don't even have a time limit.
That will be up to the store. You should keep in contact and attempt to resolve the issue before the retailer can declair willfull abandonment.
If you prolong your pick up of the item there are two potential outcomes.
(1) Willfull abandonment. This would be difficult to show if you stay in contact - though the smart and easy solution here is to pay a mover or get some friends together asap. A professional mover with insurance would be better risk-wise on you behalf, and would unlikely be much more than the insurance and truck costs alone.
(2) the retailer starts charging you storage costs. Technically they could probably do this already - and its only by their good grace and customer service that the are allowing you storage.
I'd make the extra effort to get the thing moved, and leave some good comments on their Yelp, Google+ and whatever else. Handle the situation with respect and it sounds like they are the type of business who will treat you with the same - to a point.
Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC