Heritage Auctions - Boston Garters

[Peter_Spaeth]

Originally Posted by Casey2296

Let's not forget the consignor, let's assume Powell was willing to go 750k on the set, The Heritage set up never allowed him to go all in. Bad set up all around and really poor management after the fact by Heritage.

But the next time they have a card someone wants, that someone will bid anyway. Bad behavior never gets punished in this hobby.

[Casey2296]

Originally Posted by Peter_Spaeth

But the next time they have a card someone wants, that someone will bid anyway. Bad behavior never gets punished in this hobby.

After this shitshow I would assume REA just secured a new consignor.

[Peter_Spaeth]

Originally Posted by Casey2296

After this shitshow I would assume REA just secured a new consignor.

No disrespect at all to Powell, but Heritage Auctions is not going to miss one consignor.

https://www.ha.com/heritage-auctions...chedule-111815

[Vintagedeputy]

From all that I have seen and read about this here, Powell is the winner in my opinion and is getting screwed. I see a lawsuit coming.

[Peter_Spaeth]

Originally Posted by Vintagedeputy

From all that I have seen and read about this here, Powell is the winner in my opinion and is getting screwed. I see a lawsuit coming.

What are his damages, assuming for argument's sake he has a cause of action? He's out nothing (I assume Heritage has returned or will return the wire transfer) and he has stated he had no intent to resell.

Often a claim that someone done you wrong does not translate well into a lawsuit.

[perezfan]

Powell.... So they wouldn't talk to you? Did they at least refund the wire transfer you sent?

[Snowman]

So are 90% of you guys all really going to sit here and continue to pretend that the listing didn't expressly state that you could win the set lot but still end up losing if the individual lots closed higher in aggregate?

In what universe is Powell the rightful winner under the terms set out in the auction itself? Half you guys are lawyers, and you really can't figure out this one simple little paragraph? It's not exactly a riddle.

The rules were stupid. We can all agree on that. But they were extremely clear. This shouldn't have surprised anyone. This exact outcome was very predictable. If you wanted to ensure a win, you had to bid on every single lot, including the set. If you weren't sure about that or how it might work, you could have easily picked up the phone and asked.

[Vintagedeputy]

Originally Posted by Peter_Spaeth

What are his damages, assuming for argument's sake he has a cause of action? He's out nothing (I assume Heritage has returned or will return the wire transfer) and he has stated he had no intent to resell.

Often a claim that someone done you wrong does not translate well into a lawsuit.

That’s for a judge and jury to decide what his damages are. I’m just an average Joe.

[Powell]

They will refund my money. I’m hopeful they will restart the auction at the point the set lot closed. Otherwise, my binding on the set lot was illusory. It was impossible to win. That’s the antithesis of an auction.

I thank Leon for his warm and supportive call.

I thank everyone on this board most of whom agreed with me. I respect the ones who disagree with me too except the one who called me a “sore loser” as that was uncalled for.

It’s not looking good but “it’s not over until the far left sings.”. Heritage can still make this a fair competition. I’m hopeful the will.

[Peter_Spaeth]

Originally Posted by Vintagedeputy

That’s for a judge and jury to decide what his damages are. I’m just an average Joe.

I would be very surprised if this results in a lawsuit.

[steve B]

Originally Posted by Peter_Spaeth

What are his damages, assuming for argument's sake he has a cause of action? He's out nothing (I assume Heritage has returned or will return the wire transfer) and he has stated he had no intent to resell.

Often a claim that someone done you wrong does not translate well into a lawsuit.

Could it come under unfair and deceptive business practices?

[Peter_Spaeth]

Originally Posted by steve B

Could it come under unfair and deceptive business practices?

I don't think so. It's just a poorly run auction. In any event, again, what are the damages?

[steve B]

What a mess.

When most auctions were live, I'd see that sort of bidding occasionally, and it was handled by auctioning the individual lots first, then the larger lot, asking for the next advance over the total of the individual lots as the opening bid.

I had a sort of similar thing happen with a bike auction.
Left bids by website on maybe 10 items. Bids I had to forgo other stuff to be sure I could cover it all if I won. Their system didn't handle bids electronically, more like the old fashioned system of writing the left bids down, only they accessed those bids by internet.
Checked the prices realized the day after the auction and it looked like I'd won 8 of them.
Monday, Tuesday, no invoice.....
So I ask, and they say I didn't win anything. Gave them a rough idea of the bids I'd left, and they said they had an internet problem, and couldn't access left bids for something like 120 items. So instead of waiting, they just kept going. Tough luck, sorry?

When I complained on the bike list I'm on everyone defended them.
I still won't bid there, won't visit the sale the day before, and will never consign anything with them. I do look when I get the announcement email, just in case there's something I really must have. But over a decade that's been a big no aside from one item that went for like 12K when their auction estimate was maybe 1500.....