Complaint Review: Lindsey's Attic

We took our Gold framed, Oriental design mirror to Lindseys Attic 4527 DelPrado Blvd, Cape Coral  for consignment sale on Nov 16, 2011.    We dropped by again in Feb and it was behind a chair only partially visible to anyone looking.   We asked the Lady (think the owners wife) if anything was happening with it, and she just so "no, nothing yet"  No mention was made or offer to renew or extend the contract, which was soon to expire.

We returned to pick it up on Mar 12, 2012, and again found it totally hidden from view.   We asked if it sold and the clerk told us where it was located.   When we asked to pick it up, they informed us we no longer own the mirror.   After much heated discussion, they produced the contract where it was brought in and eventually found the fine print claiming "if it did not sell, and the contract expired, we had 3 days before that expiration to do a new contract, or pick it up.  

Failure to be there on one of those 3 days meant it became their property.   She told me I initialed the contract when I brought it in, so it was legal to keep the property.  Actually, they yellow hilighted the contract in para 1 as to length of time and rate of commission.   The wording about taking ownership was in paragraph 4, and nothing was said about that, nor was it hilighted or intitialed at the time of consignment.

This looks like it is possibly a legal contract, but it falls into the category of "DECEPTIVE PRACTICES", and seems to be very questionable ethically.   I have informed the owner that he can either return MY property, or face a number of actions that will do a lot more harm than the value of the mirror.   He has NO room for any kind of negotiation, and remains firm that he owns the mirror. 

My complaints are: 

1.  Nothing was said about them taking ownership at time of consignment, and people do not read all the fine print on this type contract.

2.  The terms say it has to be picked up within 3 days of expiration, but they can claim 50% of list price if its picked up before expiration.   That is a catch 22 with no room for the customer to reclaim their property.  Since the contract says 90 days, does that mean exactly 90 or three months.   Does the day of contract count?  How about the day you pick it up?   Contracts should have a specific ending date.   And, there is no Dollar figure in contract, so what is it 50% of?

3.  Since the times we came in to check on it, it was either partially or totally hidden.   Looks like it was not given any effort to sell on the part of Lindsays,  Could even claim they wanted to prevent a sale so they could later sell and keep the total value.   They did not market it in good faith ie. the their "sales efforts" were none.  Of course they claimed it was only concealed on the days when we happened to come in, but that is very doubtful.  

4.  Owners and clerks seem to feel they are doing nothing wrong, and that this is the proper way to conduct a business.   Not only are they taking unfair advantage  of people who assume they are an honest and fair business, but probably much of their business comes from senior citizens.   How about someone who needed to sell something for money to pay their rent or taxes, and ends up getting nothing and losing their property?      

5.  Although this is about an item we really wanted to sell with a market value approx $300, there probably are many others who are much more harmed than we.  It becomes a class action type issue that needs to be stopped.  We will be happy to join in if others are willing to come forward.

Using their interpretation of the contract, it is impossible to pick up your item without paying them 50% of some unknown figure, if you come before expiration date (also an unknown date), but if you come in a day later, the property is already theirs.   This is a Fraudulent  operation.   Really more interested in cleaning up their operation, or stopping them from continuing as it is.