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Maverick
Maverick, Attorney
Category: Business Law
Satisfied Customers: 6113
Experience:  20 years of professional experience
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I am a consignor in VA with a shop operated by INOVA Fairfax

Customer Question

I am a consignor in VA with a shop operated by INOVA Fairfax Hospital. The consignment agreement states that I can consign 16 items, 3 times per week. However, for several months they limited me and all other consignors to 12 items per week, until I complained through their compliance line, and then they went back to allowing 16 items per appointment. I also feel that they retaliated after I made this call to their compliance line, and INOVA is looking into that now. Can I be compensated for potential lost consignment revenue from being restricted to 12 items per appointment ( vs. 16)?
Submitted: 1 year ago.
Category: Business Law
Expert:  Maverick replied 1 year ago.

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Expert:  Maverick replied 1 year ago.

ANSWER:

Yes, that would be basic contract law 101. You are entitled to the benefit of the bargain damages. This means that you are entitled to what you would have received in compensation if the contract had not been breached. This also includes any consequential damages or expense you suffered.

Customer: replied 1 year ago.
Ok. I have made about $7500 in comsignor revenue over the last 16 months, and I think that I was reduced to 12 items per appointment (vs 16)/ three times per week about 6 months ago. Also, the contract states that any consigned item priced at under $10 becomes a charitable donation if it does not sell within 39 days. Only items priced $10 and higher can be reclaimed if they do not sell within 30 days. Does that seem right, and do you think this case is worth pursuing with an attorney?
Expert:  Maverick replied 1 year ago.

Does that seem right?

Well, if that is what the contract states, then both sides have to abide by it. The issue of right or wrong does not come into play here unless it is something criminal in the contract or the contract against public policy; neither of which appears to be the case here.

and do you think this case is worth pursuing with an attorney?

Most lawyers will not get involved in this. You will need to pursue it in small claims court.

Expert:  Maverick replied 1 year ago.

How are we doing? Did you have any more questions? If not, can you please assign a feedback rating so we can close the question out? Thank you.