Anyone ever have an auction house lose property?

[AlienLifeForm]

I have had a few consignment items at a local auction house that runs weekly auctions since early May. I go in every two weeks to pick up a check, and ask about these items each time I am in and the auctioneer swears up and down they have been found and will be in next weeks auction. This has happened twice, and here we are again - my items are not included in this weeks auction. I have to pick up a check this Wednesday, I am also going to ask for all remaining property to be returned to me at that time - but I doubt he has my property to return to me. If the auctioneer can not produce my property - what would my next step be? Find FMV for my items and ask for compensation at that time? My contract does not mention anything about lost or misplaced items, however I do have a property sheet showing acceptance by the auction house. I am trying to get my ducks in a row before I go in there, this is a first for me.

 

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[yardgoat]

Maybe the local Better Business Bureau can help, if nothing else just to file a complaint.

 

[AlienLifeForm]

Maybe the local Better Business Bureau can help, if nothing else just to file a complaint.

That crossed my mind. If I have to pull out the big guns, I will also file a complaint with the Texas Dept. of Licensing and Regulation as well as the Texas Attorney Generals office, but I hope I don't have to go down that road.

 

[vpnavy]

Obviously WarBaby you have a problem. I would simply ask for my stuff back - period! If you get it all back - great (that will take care of your concern). If they can't produce it - then you go to the next step and that might be to file a formal complaint or demand compensation. If you get your stuff back - in a few weeks - I would drop off a few items.

 

[insontis]

Are you sure they didn't just sell for $0.00 USD? It should be reflected in your check..

 

[AlienLifeForm]

Obviously WarBaby you have a problem. I would simply ask for my stuff back - period! If you get it all back - great (that will take care of your concern). If they can't produce it - then you go to the next step and that might be to file a formal complaint or demand compensation. If you get your stuff back - in a few weeks - I would drop off a few items.

Im hoping he is able to produce the stuff, I really am. I don't want to sour my relationship with the auctioneer, but I also don't enjoy being BS'ed. Hopefully it all pans out well, like I said this is a first for me.

 

[AlienLifeForm]

Are you sure they didn't just sell for $0.00 USD? It should be reflected in your check..

Yes, positive. I keep meticulous records, they have never come up for auction.

 

[flinthunter]

Your auctioneer should be licensed by the state he sells in. File a complaint with the state.

 

[huntsman53]

I agree with the other suggestions but will add that if they cannot produce and return your' items or compensation for them to you, then advise them that they will soon be talking to your Lawyer. While the other remedies may produce results, your only other recourse may be to file a lawsuit and possibly file an arrest warrant for theft of your' items.


Frank

 

[AlienLifeForm]

I agree with the other suggestions but will add that if they cannot produce and return your' items or compensation for them to you, then advise them that they will soon be talking to your Lawyer. While the other remedies may produce results, your only other recourse may be to file a lawsuit and possibly file an arrest warrant for theft of your' items.


Frank

Thanks Frank, appreciate the reply. Hopefully I don't have to go that far and it will be a non-event. Fingers crossed, will find out on Wednesday.

 

[GibH]

I agree with the other suggestions but will add that if they cannot produce and return your' items or compensation for them to you, then advise them that they will soon be talking to your Lawyer. While the other remedies may produce results, your only other recourse may be to file a lawsuit and possibly file an arrest warrant for theft of your' items.


Frank

He could possibly file a complaint, but not a warrant. Even if he tried to file a complaint, the police would likely tell him it is a civil matter.

Document the values of the items. If they total under 10k (Texas) you can file in small claims court. Even if you obtained a judgment, then you still have to collect on it.

 

[trdking]

If your item was fragile or small It was broken or stolen. There is a chance that it was misplaced but the auction house had a duty to reasonably protect your property so they are very careful about tagging and tracking your items. I am shocked that the auction house's contract does not have verbiage that outlines remedies in the event of xxx Every house I have dealt with very clearly states what happens of lost stolen broken etc... and has language that details the value settlement. It is a settlement because the item was never auctioned or value seriously diminished if broken. In the event that no language exists, the contract will fall back to common law to something known as a Bailment. you the seller being the bailor and the house being bailee. The BBB does no good. They are a sham anyway. They sell ratings to the highest bidder. Small claims will be tough because there was no sale so what value do you sue for? Sure you can find comparable sales but you have a few minutes in front of a judge and you have to rely on his interest in determining value. You are far better off settling with the house prior to any lengthy processes. You did not discuss your assumed value of the item? If we are talking small monies I personally would chalk it up to a business loss. If it is big money Shame on everyone for not determining the value prior to the consignment but there may be some recourse with your homeowners or business insurance. My two cents.

 

[AlienLifeForm]

If your item was fragile or small It was broken or stolen. There is a chance that it was misplaced but the auction house had a duty to reasonably protect your property so they are very careful about tagging and tracking your items. I am shocked that the auction house's contract does not have verbiage that outlines remedies in the event of xxx Every house I have dealt with very clearly states what happens of lost stolen broken etc... and has language that details the value settlement. It is a settlement because the item was never auctioned or value seriously diminished if broken. In the event that no language exists, the contract will fall back to common law to something known as a Bailment. you the seller being the bailor and the house being bailee. The BBB does no good. They are a sham anyway. They sell ratings to the highest bidder. Small claims will be tough because there was no sale so what value do you sue for? Sure you can find comparable sales but you have a few minutes in front of a judge and you have to rely on his interest in determining value. You are far better off settling with the house prior to any lengthy processes. You did not discuss your assumed value of the item? If we are talking small monies I personally would chalk it up to a business loss. If it is big money Shame on everyone for not determining the value prior to the consignment but there may be some recourse with your homeowners or business insurance. My two cents.

Nothing of major value, but not something I want to take in the shorts either as it was no fault of mine. I am hoping the auction house will just pony up, whether lost or stolen - you are correct they had an obligation to care for my items while in their possession. After this experience, I am looking for another local auction house to deal with, and you bet I will be analyzing the hell out of their contract. Frustrating, but such is life.

 

[trdking]

Nothing of major value, but not something I want to take in the shorts either as it was no fault of mine. I am hoping the auction house will just pony up, whether lost or stolen - you are correct they had an obligation to care for my items while in their possession. After this experience, I am looking for another local auction house to deal with, and you bet I will be analyzing the hell out of their contract. Frustrating, but such is life.

And it will go on! (Hopefully)

 

[huntsman53]

https://mikebrandlyauctioneer.wordpress.com/2010/04/07/the-auction-house-lost-my-stuff/

 

[ltd063]

While you are talking to the auction house on Wednesday, I would ask which social media platforms they would like you to post your issues on. Most businesses use social media, and a bad story will drive customers away from them. They will most likely want to avoid the negative press.

 

[TommyB]

What kind of paperwork did you and the auction house sign when you left the items for them to auction? I would think whatever the written agreement was, it also spoke to remedies for this type of situation. If I had an auction business, I would want to cover my liabilities in the the agreement. Conversely, as a seller, I would want to make sure as well. I wouldn't drop stuff off on a handshake.

 

[AlienLifeForm]

What kind of paperwork did you and the auction house sign when you left the items for them to auction? I would think whatever the written agreement was, it also spoke to remedies for this type of situation. If I had an auction business, I would want to cover my liabilities in the the agreement. Conversely, as a seller, I would want to make sure as well. I wouldn't drop stuff off on a handshake.

I have been using this auction house for awhile with no issues up until this point. The contract does not state what happens incase of theft or loss unfortunately - and I should have noticed this when I initially signed it. The next auction house I use, I will be certain that this verbiage is in the contract, and if not I will most likely not be doing business with them. Even if I come out of this experience without financial loss, I have definitely learned a valuable lesson about what all is laid out in auction contracts.

 

[trdking]

https://mikebrandlyauctioneer.wordpress.com/2010/04/07/the-auction-house-lost-my-stuff/

Yes! Exactly