If you purchase something at an auction that is mislabeled, for example if you bought a gold watch only to find out later it's gold plated tin, is there anything you can do? Or are you stuck with the bill regardless?
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If you purchase something at an auction that is mislabeled, for example if you bought a gold watch only to find out later it's gold plated tin, is there anything you can do? Or are you stuck with the bill regardless?
gold can be called a color. Now if they said it was a 14k gold watch you would have a leg to stand on. If it just said gold that can be just a color and not metal type.
Thanks for this. How about this? I bought some stainless steel doors from an auction but some are actually just steel. Would I be able to get a refund due to their error in listing?Quote:
Originally Posted by PartTimeScrapper
Probably not , most auctions sales are final and inspections are to be done prior to bidding not after . I know in my neck of the woods its buyer beware . The auctioneer would be the only one who could anwser your question but I would expect they are yours now .Quote:
Originally Posted by Pr0417533r
Also remember that they might be held accountable for descriptions in a written catalog, but anything the auctioneer says is NOT to be relied upon in most cases. They can pretty much say what they want and it's called salesman's fluff. Come to think of it, most written catalogs have a disclaimer about their descriptions not to be considered fact and buyers need to inspect the items.
In your case, they probably said "stainless steel doors" which was true, they just left out that there were also some steel ones.
You must inspect your items.
I've never seen an auction that did not have the ability to preview the items prior to bidding.. even auctions that are online bidding only.. Preview day was 2 days prior on one recently that I did some bidding, I took part of the day to go and inspect all the items, make notes on the "lots" I was interested in some items I passed on after seeing them.
Remember that most auctioneers know very little about MOST items they are selling- unless it is a large ticket item (then they KNOW market value and will do virtually anything to get the money out of that item) But if you are selling a set of doors or a gold watch.. it is exactly that to them.. and remember.. chances are they are trying to photograph and set "lots" for hundreds or thousands of items.
Gotta know what you are bidding on.
If they were listed as "stainless steel doors" but some are magnetic, they didn't misrepresent them, as some stainless steel is magnetic. They could have been more specific, but most auctions listings aren't.
'Some' magnetic Stainless Steel is actually high quality Stainless Steel..Quote:
Originally Posted by Ohio Scrapper
If its only slightly magnetic, but still magnetic, but only slightly mag-net-ik, you might have high quality Stainless.
There's members here who really know their Stainless who might be able to help you out.
There's probably simple tests to find this out.
I 'think' that if its 'draws' the strong magnet to it, its low quality, if the magnet just 'sticks only' its high quality.
(I'm leaning towards that they are high quality)
Quote:
Originally Posted by eesakiwi
Agreed, however around here if a magnet stick to it, it goes in the shred, high quality or not.
Copied directly from the "Terms" of my favorite local auctioneer here. They sell both live and online, and this is from their online site:(Bold added for emphasis.)Quote:
20) VIEWING - The Buyers are afforded a time specific stated opportunity (or viewing by appointment) to inspect the items and lots prior to final close of the online bidding for the auction. The Buyers are relying solely on their investigations and inspections, and not any representations made by the Sellers, Auctioneers, their licensees, employees and agents or descriptions posted online. The Buyers hereby waive any and all further inspections. The Buyers fully agree and understand that they are purchasing each and every item and lot in an “As-Is”-“Where-Is” condition, with all its goodness and faults. The Sellers, Auctioneers, their licensees, employees and agents, make no representations, guarantees or warranties of any kind, either expressed or implied, statutory or otherwise of any nature whatsoever.
At live auctions, they'll usually announce the same sort of thing.
If the ad is misrepresented, I would argue.
I won an item in February labeled "air tank". Pictures weren't great, but I needed one to put on my truck. So I won it. I get there and find out it is acutally an old freon tank. I argue, then shake it, and can hear the rust rolling around. I asked them to fill it up and prove to me that it even hold air. They gave me my $4 dollars back.
Now, I do agree this is greatly based on the type of item and how much you spent on it. A pallet of computers, labeled as a pallet of computers, should be buyer beware. Can't assume that they are all working and/or complete.
Well did they have the shiny color of stainless? Again could be just a color type. You also have to read the fine print and terms and condition of the auction itself. Most auction companies cover there rear ends pretty good for item listings. Its hard to say without knowing all the details.
I looked over the terms of the addiction site and in this case their descriptions are supposed to be accurate therefore they are liable if their items are misrepresented. I spoke to the auctioneer and he said he would refund me for the lots which were misrepresented. He said I would get an email in regards to the subject. At the end of the day now and I haven't redirected anything nor had my account been credited. How long would this take? Anyone know? I'm a little worried they might try to rip me off.Quote:
Originally Posted by Metalbestos
From what I've learned, they are definitely accountable as their descriptions are made to be true. I spoke to the seller of the items and he notified me it was the auction house who set the descriptions and took all the pictures. I did learn about salesman fluff, but I also learned their is a fine line between fluff and misrepresentation. In these days the court tends to protect the consumers rights in going after deceitful auction houses.Quote:
Originally Posted by Pnutfarmer
In my case, they said stainless steel doors for each particular lot, however, I had lots marked stainless steel that were what they were supposed to be and lots marked stainless steel that were all completely steel.
You're right in that they did have an auction preview which I did attend, however I was not add knowledgeable in the subject as I am now, therfore I relied on the descriptions. I get that auctioneers want to make money too, but auctions need to remain honest and not be riddled by shady auctioneers who fabricate their items descriptions in an attempt to rip off unsuspecting buyers. There are federal government agencies specifically for the situations namely the state attorney generals office, the consumer protection agency, the FTC and organizations like BBB who will take the aid of the consumer.Quote:
Originally Posted by sledge
No, getting a pallet labeled stainless steel doors with nothing but steel doors is a definite misrepresentation.Quote:
Originally Posted by Ohio Scrapper
Quote:
Originally Posted by eesakiwi
Thanks for your post, nothing but good advice from you
They definitely were misrepresented and even the auctioneer admitted to it when he agreed to give me a refund. I'm a little on edge because according to the auction terms any items not picked up after 3 days are forfeited. I worry theyay try to stall and then try to say i am s . O. L.Quote:
Originally Posted by lousypirate
It's actually more like buying a pallet of computers and receiving a pallet of calculators
A few pallets were stainless and the rest were painted steel. It's pretty obvious to most who know what to look for but I wasn't aware at the time. I did read the terms, but from what I learned about contracts is they can be rescinded if their isn't a mutual understanding on the items being purchased, in this case there wasn't since from my understanding they were stainless steel.Quote:
Originally Posted by PartTimeScrapper
Would anyone here know how a charge back would work in this situation? I've never done something like that, and I would prefer it not to come to that but if worst case scenario, I won't hesitate to do everything in my power to make things right for myself.
I'm thinking if they don't resolve this by the end of tomorrow, I am contacting my state attorney generals office to let then know how items I bought at auction were misrepresented and about how much money I lost as a result of it (damages). I will also file with the FTC, BBB and any other consumer protection group such as scam report, etc.
Thoughts? Keep in mind I'm only giving them 24 hours before I act since as far as I know, our contract was rescinded when I relied on their misrepresented descriptions (contract requires a "meeting of minds").
As stated above there are many types of stainless steel, what you may have is a 400 series stainless which is magnetic if that's the case they were not misrepresented. Good luck
No,the guy told me they were steel after I bought them. Thanks thoughQuote:
Originally Posted by brassbuster
Well I just got off the phone with them and they agreed to send me the money once again. They are really pleasant and it's hard to stay mad at them
unfortunately your legal options are limited in this matter
I buy a lot from many different auctions. Most, if not all, will refund your money when you arrive for removal if they are not as described.
For example:
NOTICE: If you are the winning bidder and default by failing to adhere to this sellers terms and conditions your account with GovDeals WILL BE LOCKED.
Guaranty Waiver. All property is offered for sale “AS IS, WHERE IS.” (Seller) makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale. Please note that upon removal of the property, all sales are final.
Description Warranty. Seller warrants to the Buyer that the property offered for sale will conform to its description. Any claim for misdescription must be made prior to removal of the property. If Seller confirms that the property does not conform to the description, Seller will keep the property and refund any money paid. The liability of the seller shall not exceed the actual purchase price of the property.
*******************************
NOTICE: If you are the winning bidder and default by failing to adhere to this sellers terms and conditions your account with GovDeals WILL BE LOCKED.
Guaranty Waiver. All property is offered for sale “AS IS, WHERE IS.” (Seller) makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale. Please note that upon removal of the property, all sales are final.
Quote:
Originally Posted by Pr0417533r
usually as is where is for most every auction I have been to. if they only said the word gold I think your stuck but if during the auction the guy says guaranteed solid gold and he's not a snake he might see things your way.
Some auction details sometimes are made with loopholes. I always make sure to ask for all the details that I need to estimate my highest bid.
Could you detail some of the loopholes you have seem? MikeQuote:
Originally Posted by ScrapToTheFuture
"As is where is". They are supposed to afford you an opportunity to view merchandise before bidding. If you do not take advantage of the inspection times, its on you.
This is a two year old thread, just so you know ;)