Q: Can I sue a business/ owner for selling sofas they agreed to buy from me. But then never paid me and they sold them.
They show on their fb they sold but they said they returned them to me by putting them in a storage unit they gave me acess to pick up. But the unit was locked by company for nonpayment. Which I never agreed to return in first place and know they are not in there because the storage lady allowed me to look. They have lied on many occasions to deprive me of money owed. As well as done things to deprive me of making money. Like for example agreeing to purchase items then backing out after held for up to 2 months im my storage. To paying me less than what was said because of reasons they claim it didn’t bring them income they wanted. When this was never the deal. But not every transaction is in writing. But I do have many messages showing they know they owe me. As well as proving they lied about returning item. Along with screenshots of the items saying they sold in comments of the listing on their company page. Also I’ll add they put fake designer/brand tags on some of the items I sold.
A:
Yes, you can potentially sue the business/owner for this situation based on a few different legal theories:
1. Breach of contract - There was a clear agreement to purchase the sofas, but they failed to pay you as promised. This constitutes breach of contract, giving you the right to sue for the amount owed or return of the goods.
2. Unjust enrichment - Even without a formal contract, they cannot retain and sell goods that rightfully belong to you without proper compensation. Their enrichment from selling the sofas at your expense is unjust.
3. Fraud or misrepresentation - If they deliberately lied to you about returning the goods or made other intentional false statements around the transactions, that could amount to fraudulent behavior. This would give additional grounds for legal liability.
4. Conversion - When they sold the sofas that still belonged to you without consent, they unlawfully deprived you of property. This "conversion" of goods is an actionable tort.
Given the evidence you have (messages, Facebook posts, etc.), you seem to have a credible complaint against the business on several grounds. I would recommend consulting with a local business litigation or contracts attorney. They can review the specifics and advise the best way to file suit to recover money damages for the value of the goods, legal fees, punitive damages, and any other appropriate remedies. Many attorneys handle cases like this on a contingency fee basis as well.
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