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GeneralGetting Consigned Minerals Back from Dealer

11th Jul 2018 15:18 UTCJohn Arnaud

I need some advice from my experienced collector community.

Last fall, I consigned some of my minerals to a local dealer who does a lot of traveling. Within the first few days, he got two sold and I got paid. All was going well.

By the time of this year's Tucson show, however, no more had sold and I told him I'd just take all the minerals back since it seemed the trial had run its course. He agreed, but then it became very difficult to get him to respond to my communications. After many patient texts, calls, and missed appointments (and, finally, exasperated threats to report the minerals stolen), I've gotten all of them back except two, which he said he had but couldn't find amid a chaotic field of flats. He said if he couldn't find them, he would just pay me the value for them. I said fine and gave him another week. That was almost a month ago. He hasn't returned any of my texts or calls about this. Now I'm done and wondering what my options are. The total value of these items is around $1,000 and I have a signed paper from him listing the items he originally took, plus a complete text trail.

How would any of you proceed on this matter? Is this something I can report to the police? At what point can they be considered "stolen?" I feel like I've exhausted all my polite options and I feel I could continue hounding him indefinitely without resolution, which I'm not interested in doing. So if anyone here has had a similar experience or practical advice to give, I'd be grateful to hear the steps you took to resolution.

Thanks in advance for reading.

--John

11th Jul 2018 15:32 UTCDavid Von Bargen Manager

Your best bet would probably be small claims court. Unless the consignment papers had some definite date when specimens were to be returned, you probably cannot consider them stolen.

11th Jul 2018 16:19 UTCBob Harman

I agree with DAVID V B. The only things I might add include considering the time and $$$ expenses you might incur. Are you responsible for any (!) $$$ legal or travel expenses or will the dealer be responsible for ALL (!) your expenses should he lose. Perhaps a certified or registered mail threat of taking him to court will suffice. Whatever way you go, I certainly would let on to mineral collector friends and acquaintances that the dealer was less than expected when it came to your experience with him.

The bigger lesson here might be consigning your type/level specimens to dealers for sale might not be a great way to sell the specimens. Selling them outright might be the better way to go whether they are $$ examples, $$$ examples or $$$$ examples. CHEERS.......BOB

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