Heritage Auctions - Boston Garters

[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.

[Leon]

Hi Powell
It was nice getting to meet you on the phone call we had. You seem like a passionate collector who loves the hobby. Much the same as most on this forum.
I think this incident is awful, but is a human error. They happen. I am sure Heritage has a lot to consider. As I said on the phone, if it were my company, I would consult with the consignor, and I would be running the auction lot(s) again. And as I had mentioned, it is debatable to start the lot(s) over from scratch or where they left off. If it picked up where it left off at least 3 bidders are already known (if not more). A redo sounds like the best way to do it to me.

I would say -

We made a mistake and the s/w didn't work as intended. After consulting with the consignor we are redoing the lot(s). We apologize for any inconvenience.


Heritage is a great Net54 partner and I think Chris (hi Chris) and team do a great job. I will continue bidding and consigning with them.

I hope it all gets worked out as best as possible.

Originally Posted by 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.

[rats60]

Originally Posted by Peter_Spaeth

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

Do you think the consignor has a case or not? He could be out six figures.

[Peter_Spaeth]

Originally Posted by rats60

Do you think the consignor has a case or not? He could be out six figures.

I don't think so. I don't see the likely source of a contractual obligation to conduct an auction designed to produce the highest possible bid. Although obviously I don't know what specifically Heritage represented to the consignor.

[t206fix]

This reminds me of my son's football game last weekend. They played four quarters and at the end of the game, my son's team was up 34-32. Refs blew the whistle, and said that his team had won. It was very exciting because they were a cross town rival who had beaten us that past few years. We went home and he went to bed very excited. Unfortunately, when we woke up the next morning the newspaper ran the headlines claiming the other team won on field goal 35-32 to beat my son's team. We were shocked.

I guess the other team, after the game, kept playing and scored a last second field goal against themselves to win it. I guess the refs deemed the other team wanted it more because they kept playing. They claimed victory and pointed to something about fine print and we should have read all the details.

[parkplace33]

Originally Posted by t206fix

This reminds me of my son's football game last weekend. They played four quarters and at the end of the game, my son's team was up 34-32. Refs blew the whistle, and said that his team had won. It was very exciting because they were a cross town rival who had beaten us that past few years. We went home and he went to bed very excited. Unfortunately, when we woke up the next morning the newspaper ran the headlines claiming the other team won on field goal 35-32 to beat my son's team. We were shocked.

I guess the other team, after the game, kept playing and scored a last second field goal against themselves to win it. I guess the refs deemed the other team wanted it more because they kept playing. They claimed victory and pointed to something about fine print and we should have read all the details.

I don't under how this is possible. Can you post the link to the story?