Date: Fri, 26 Mar 2004 14:50:36 -0600
Reply-To: Paul & Becky Oliver <oliver8@TDS.NET>
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: Paul & Becky Oliver <oliver8@TDS.NET>
Subject: Auctions
Content-Type: text/plain; charset="iso-8859-1"
I've run into it here in Wisconsin too. The auctions are usually held on
some farm or fair grounds. The public comes and goes as they please. You
have to bring a team to pick up what you've bought or it just might not be
there later.
Yes, if caught, and the thief can be prosecuted. Easier said than done, "it
was a mistake," "I picked up the wrong thing," "my friend said he bought it
and asked me to hold it for him," "the guy told me he'd pay me for hauling
it to his house for him." The list goes on.
You bid, you buy, you load or you lose!
I bought the entire contents of a large barn and was told I had 24 hours to
clear it all out. Even with a moving crew it would have taken a week or two.
So I got the best stuff first and when the others started coming and
"helping" themselves.
I complained to the Auction/Real Estate broker (farm was sold too) and was
shown in the contract that I had 24 hours to get my stuff but it was not
their problem to protect it in anyway, that was all my responsibility.
I had 24 hrs to come onto the property to remove it all. After that I was
trespassing, unless I had an agreement with the new owners. Also, if I did
not get it all out, I could be charged the cost of it's removal and
disposal.
New owners would not return my calls (who knows where I was calling) So
Again, I took my lumps, got what I could and let other "clean" the barn out
for me.
Paul
----- Original Message -----
From: "Jeffrey Schwaia" <jeff@VANAGONPARTS.COM>
To: <vanagon@GERRY.VANAGON.COM>
Sent: Friday, March 26, 2004 2:08 PM
Subject: Re: recycled german parts / e-e-e-eBay
> Stan,
>
> Did you check with a lawyer? An agreement that contradicts the law cannot
> be enforced. The auction company is required to exercise "reasonable"
care
> when in possession of your goods. It sounds like they didn't meet that
> requirement.
>
> I learned this little fact many years ago. Have you ever read the block
of
> bulls**t at the bottom of an automotive repair invoice? Most of them say
> basically the same thing: "We are not responsible for damage or theft,
etc,
> etc...". Wrong! When a customer leaves their car (or any other item) to
be
> repaired a legal relationship called a bailment has been created. The
> receiver must exercise "reasonable care" to protect the property. If the
> shop is full and you leave a customer's car outside and the radio gets
> stolen, have you exercised reasonable care... NO! The shop is responsible
> for the theft and any damage.
>
> I'm not a lawyer, but it sounds like you and the auction company entered
> into a bailment when you purchased the items. They were required by law
to
> exercise reasonable care in protecting your property. Remember, a signed
> agreement is not enforceable if it contradicts the law.
>
> Cheers,
>
> Jeff
>
>
> -----Original Message-----
> From: Vanagon Mailing List [mailto:vanagon@GERRY.VANAGON.COM]On Behalf
> Of Stan Wilder
> Sent: Friday, March 26, 2004 11:35 AM
> To: vanagon@GERRY.VANAGON.COM
> Subject: Re: recycled german parts / e-e-e-eBay
>
>
> Don't get me started on Auctions ........
> The last auction I went to I bought several thousand dollars worth of
> industrial equipment.
> When I returned the next day with my 55 foot trailer behind a Diesel truck
> to load up someone had switched the auction tags on about four pieces of
> equipment and left old "Krap Equipment" sitting there with my tag number
on
> it.
> When I ranted at the Auction Company they just read their agreement to me.
> The agreement said basically "We Sell It" the rest isn't any of our
business
> so don't ask a second time.
> I'll never go to another auction where I can't load immediately after the
> auction.
> So you see guys the crooks on E bay learned their trade elsewhere.
>
> AStan Wilder
>
>
> -----Original Message-----
> From: Vanagon Mailing List [mailto:vanagon@gerry.vanagon.com]On Behalf
> Of Rob
> Sent: Friday, March 26, 2004 12:00 PM
> To: vanagon@GERRY.VANAGON.COM
> Subject: Re: recycled german parts / e-e-e-eBay
>
>
> At 3/26/2004 09:14 AM, you wrote:
>
> >About a month ago. I bought a Do-All vertical bandsaw which was
> represented
> >as complete and in good condition. Although it wasn't under power when I
> >entered the highest bid, the auctioneer had no objections to me tagging
it
> >into a
> >box in order to run it through its paces before I loaded it. I can
assure
> you
> >that the auctioneer would have made it right if it had proven to be
> anything
> >other than in good condition.
>
> I've been to auctions where the auctioneer has guaranteed something to
> work, that particular item, usually accompanied with "we plugged it in
> yesterday & it worked". All the rest it's "as is".
> At the auto auctions I go to they drive or push the car down to the ring
> and have an inspection day the day before. But once you buy it it's yours
> no matter what the condition.
>
> I've always felt that e-bay was a "once you buy it it's yours no matter
> what the condition" kinda place with the feedbacks so you can find an
> outright crook.
>
> No guarantees in life.
>
>
>
> Rob
>
> rob_b9@lycos.com
> Now in western Washington, USA
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