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16-720. Transactions in precious metals, requirements; refusal to redeliver stolen property to owner, effect. (a) A precious metal dealer shall require of every person from whom the dealer purchases precious metal for resale:

(1) Proof of identification; and

(2) a signed statement saying that the seller is the legal owner of the precious metal or is an agent of the legal owner who is authorized to sell such metal and stating when, where and in what manner such metal was acquired by the seller.

(b) When converted or stolen property has been pawned or sold to a precious metal dealer and the pawnbroker or dealer refuses to redeliver such property to the rightful owner upon demand and presentation of a bill of sale or other proper evidence of ownership by the owner, and legal action by the rightful owner to recover the property becomes necessary, the court may assess the pawnbroker or dealer for reasonable attorneys' fees incurred by the rightful owner if the court finds that the pawnbroker or dealer wrongfully withheld the converted or stolen property.

History: L. 1972, ch. 51, § 15; L. 1981, ch. 91, § 9; July 1.

Law Review and Bar Journal References:

“Recovery of Attorney Fees in Kansas,” Mark A. Furney, 18 W.L.J. 535, 557 (1979).


1. Attorney fees appropriate when pawnbroker fails to return stolen or converted property to true owner; redemption period inapplicable. C.M. Showroom, Inc. v. Boes, 23 K.A.2d 647, 649, 650, 651, 652, 933 P.2d 793 (1997).

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