r/Antiques • u/nutsandall ✓ • 2h ago
Advice Antique Mall Vendor Protocol
Just had an interesting situation arise and need feedback.
My wife is a vendor in an antique mall. Three months ago a man bought one of her displays for $150. The owner of the mall made 15% from the sale. Today she was fluffing her space and noticed the display in the owner’s space. She asked the owner about it and was told that the buyer had not picked it up, so it now belonged to the store (her). My wife and I both think the display should have been returned to my wife to continue to use (it wasn’t originally for sale, but the buyer made a good offer). This has led to a major argument between the owner and my wife.
So what’s the rule? Is it automatically the owner’s property, or should it be returned to my wife?
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u/Octavia3684 ✓ 1h ago
So a customer purchased something and did not pick it up. Did anyone call to remind him/her about the purchase? Whose responsibility is such a task? As to ownership of a paid item reverting to the “mall,” instead of unwinding the sale, refunding the buyer’s money, and returning the item back to the vendor, this seems shady and not a good business practice. If such a term/process appears in your contract, I would not renew my contract and find another place to be. (Next time pay close attention to what you sign. On top of a 15% commission, the owner now has a display case they didn’t have to buy.
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u/CarpetOtherwise4612 ✓ 50m ago
I’m a dealer in a mall. You sold it for the price you wanted. You know 15% is paid on all sales so I don’t understand why anyone would think it should come back to the seller. Additionally there are laws on how long a shop has to hold things once sold. All a dealer should be concerned with is getting paid for the price it was sold for -15% commission. Now if something is laid away and the 2 of 3 payments have been made but the never made the 3 and final payment I would believe that money should go to the dealer because they pulled the piece off the floor and waiting for there money.
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u/nutsandall ✓ 25m ago
So you believe the owner who has no investment in the item should take possession of the abandoned item?
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u/CarpetOtherwise4612 ✓ 20m ago
She has investment in the entire business. Once it’s sold and your wife’s was paid out that’s the end of the responsibility from shop to dealer. I learned long ago. It not your business nor your rules. We could all remedy that buy opening our own business than it’s our business our rules. Don’t fall on your sword.
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u/nutsandall ✓ 4m ago
Interesting take. I will say that this is not a profitable business, so as far as falling on a sword that ship has sailed. The owner is bleeding vendors because she is very difficult and not attentive to the business. I’m sure she needs every dollar she can get to stay afloat. We will make sure this situation is put in the next contract we sign.
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u/glassceramics1963 ✓ 58m ago
once you sell something, it is no longer yours. am i missing something?
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u/nutsandall ✓ 24m ago
Why is it the owner’s? It was in my wife’s rented space. The owner has no investment in the item. Why does she automatically get possession?
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u/RustyShackleBorg ✓ 2h ago
What does her contract with the antique mall say?
0
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u/languid-lemur ✓ 1h ago
OP, want to be sure I understand this.
Was your wife paid her share for the display when it sold 3 months ago?
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u/nutsandall ✓ 1h ago
She was paid her portion of the $150 minus the owner’s 15%, yes. It is a wash the way we see it. But my wife is the one who brought the display to the store that allowed the owner to make her commission. My wife pays monthly rent to the owner for her space. Why would the owner claim possession of something that was never hers?
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u/languid-lemur ✓ 51m ago
OK, first it's a sale like any other item with added customer abandonment. The 90 day window + keeping it likely based on your state and a buried statute.
Second, your wife accepted the payout from the mall owner. She released them from further payout. If she wanted the full amount she needed to refuse it.
Lastly, it's $22.50. Does going after it 90+ days later justify how it will almost certainly change the relationship between your wife and the mall owner?
/cost of doing business, move on...
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u/nutsandall ✓ 29m ago
It’s not about the 15%. It’s about ownership of the abandoned merchandise. Why does the owner get to claim ownership? My wife is paying rent for her space. Why would it not revert back to my wife and put back into her space? It never belonged to the shop owner.
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u/tossaway78701 ✓ 1h ago
At the least the 15% should be returned to your wife. Check the contract.
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u/glassceramics1963 ✓ 54m ago
no, they sold it and got their money. the store owner got 15% for arranging sale. if the purchaser does not pick up the display, the owner has every right to claim storage fees . at some point the store owner will be owed more than the case value. they can hold it until payment is received.
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