Question:

Good morning,

in July 2011 I gave an object to a consignment shop, with the agreement (verbal) that the retailer would try to sell it, exposing it in the window, for a period of three months.

In early September the dealer called me to inform me that a customer was interested and wanted to withdraw the object under test, to verify if they saw fit in his own house: I have consented to its withdrawal, urging me on with shopkeeper for successful operation. Well, back in early October in person at the store in order to recover my property (unsold), but the shopkeeper, visibly embarrassed, tells me that even my own good, he was not returned for days and is urging the return on potential buyer, which relies excuses and pretexts, but did not provide.

What should I do? Can I complain? And against whom?

(Paul D.)

Answer:

Dear reader,

Former art. 1177 cc "The obligation to deliver a determinate thing includes that to keep it until the delivery." Accordingly, the shopkeeper had a duty to execute the sale with the "diligence of a good father," The cautionary advice formally, or by registered mail with return receipt, ordering, alternatively, pay the price of the property held, or the immediate return of the object, specifying that in case of failure will be reflected immediately seised of the legal system.

Is then incumbent upon the agent, the dealer in fact, give it back to retrieve the object (provided that the goods were really entrusted to a third party, ie the hypothetical buyer ..) or pay back its price.

For completeness and to respond to your question, if the notice may not was having no effect, may file a formal complaint / complaint with the competent authorities for the crime of embezzlement under art. Cp 646, with full and detailed exposition of all the facts.

Cordial greetings.

VG