Consignment Shop Says I “forfeited” My Payout And Is Charging A Hidden Pickup Fee That Was Never In The Contract — Do I Have Any Recourse?

Location: New Hampshire

After clearing out my grandparents’ home, I consigned several nice antique furniture pieces at a local consignment shop. They offered to come pick everything up and never mentioned any kind of pickup fee — not in the contract, not on the phone, not in texts, nothing at all.

The written contract says the consignment period is 90 days, that unsold items not picked up after that become the shop’s property, and that I have to make an appointment to collect my payment. It doesn’t say anything about losing the money from sold items if I don’t pick it up within that timeframe.

Before the 90 days was up, one of their employees offered to extend the agreement by another 30 days so they could try to sell more pieces. I specifically asked if I needed to pick up my money during that 30-day window or if it could be after, and he told me it was fine either way — “during or after.”

A couple of months later, I called to set up an appointment to pick up my money. This was my first time speaking with the owner herself. She told me which pieces had sold, how much I’d be owed, and even offered another 30-day extension (again, no mention of any time limit for picking up payment).

Fast forward to a few weeks ago — I called to check in again, and she told me that all but one of the pieces had sold (there were 11 in total). Then she said I’d “forfeited” all the money because I didn’t collect it “in time.” She also added that even if I could still get it, there wouldn’t be much left because she was deducting a few hundred dollars for the “pickup” — a fee she’s only mentioning now, months later.

None of that pickup fee or forfeiture rule appears anywhere in the contract. As I am not able to post a photo, below I will include specifically what was said in the contract (minus personal information) so you can see what it actually says.

I also have recordings of every phone call with the shop, including the employee telling me it was fine to pick up the money after the extension and the owner never mentioning a pickup fee.

Do I still have a right to the money from the items that sold, and could her adding undisclosed fees after the fact be considered deceptive or unfair business practice under New Hampshire law?

Lastly, given her dishonesty so far, I’m leaning toward taking her to small claims court rather than trying to settle it directly. Does that sound like the best option in this situation?

Here's a "copy" of the contract:

"Business Name"

"Business Address"

City, State, Zip Code

Phone Number

Email Address

Consignment Agreement

NAME:

E-MAIL:

PHONE:

ADDRESS:

1. Merchandise is accepted for consignment for a period of 90 days.

2. The consignor, "Business Name" receives 60% of the selling price and the Customer receives 40%.

3. After 90days, unsold items THAT ARE NOT PICKED UP BY THE CUSTOMER become the property of "Business Name"

4. The consignor may retrieve any item from the selling floor prior to the expiration date PROVIDED they have a copy of the consignment agreement.

5. To retrieve Items or Payment, you must call and set up an appointment to do so.

6. "Business Name has all rights to price items how we see fit. (We start at selling as high as we can and lower the price every 30 days to provide the greatest profit).

The consignor acknowledges that he/she is consigning all items at HIS/HER OWN RISK and Business Name IS NOT RESPONSIBLE for any loss due to fire, breakage, theft or any unforeseen cause.

I, accept these terms and conditions.

Signed

Dated

Consignor for Business Name