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my sister left my side-by-side refrigerator at a place of business

she owned, but has...
my sister left my side-by-side refrigerator at a place of business she owned, but has sold. i loaned her the frig to keep her personal items in at her business. (assisted living facility). when she sold the business, she included it on the inventory list, as far as i know. i have no idea why she would do this. the new owners said the frig was on their list, although their purchasing agent, (dwayne) told me - if the frig is not of professional quality, they cannot use it anyway. she was closed down due to elder abuse. i had no idea she had been closed until i read it in the paper, at which time i called her to pick up my frig. that's when she said she left it at the facility. i have had several conversations with the new owners (Nolan's) to no avail.
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Answered in 6 minutes by:
6/17/2013
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27,690
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Dear JACUSTOMER - If the new owners bought the business and the refrigerator was listed as part of the property then they would be legally considered as "bona fide" purchasers and it will be difficult to get the property returned from them unless you pay what it's worth. Your best option is to sue your sister for the cost of the unit and then either buy it back from the new owners or buy another refrigerator. When the new owners bought the business they did so in good faith that the property was owned by the seller and would have had no way of knowing that it may have belonged to a third party. Your sister is responsible for the loss of the property and she is the one you are going to have to sue.You can sue in small claims court without the need for an attorney.
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Customer reply replied 4 years ago

i have offered to buy the frig from the new owners to no avail.

The only other option would be to claim that the new owners knowingly purchased property belonging to another and file a suit for replevin of the property. This would not be in small claims court and would likely require the assistance of counsel which would probably cost more than the refrigerator is worth. You can't force them to sell it to you so all you can do is buy another unit and sue your sister.
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27,690
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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