Auction Item returned to seller. This ever happen to you?

[Peter_Spaeth]

I would hope so too, but it appears that Fred was told he is out of luck because the bidder didn't pay. That seems a very unhappy situation for a consignor and a risk that perhaps he shouldn't have to bear?

[alanu]

I would think the consigner would be given the option of:

-being paid for the item at the bid amount, thereby allowing the auction house to relist the item at their own risk of getting more or less the next auction... keeping in mind they have the final value fee in their favor

-relisting the item in a future auction

In any case, I hope the auction house gave you a courtesy of a phone call explaining the situation.

-Alan

[MGHPro]

I'd call Hunt auctions tomorrow and see if they'll take it as a late addition. There's still plenty of time for bidders to bid if you overnight it to them
Matt

[ksabet]

I used to work for Bill and Josh and have seen and heard them confront deadbeat bidders (not pretty). They go out of their way to please consignors and most likely did everything in their power in this situation. I assume that similar to EBAY you can ban someone and block them from bidding but can not force them to pay.

Holding an item would seem to only complicates things so returning it and offering the next auction seems reasonable.

Lastly I am not sure but I don't think a single auction house would purchase items from consignors due to non-paying bidders as a rule of thumb, if this was the case it would promote shill bidding even further as consignors could drive up the price and know the auction house would bail them out.

I witnessed 1500 lot auctions where only 1-2 items were not paid for so I think this was an unfortunate albeit rare occurrence.

[Matt]

Originally Posted by ksabet

I used to work for Bill and Josh and have seen and heard them confront deadbeat bidders (not pretty). They go out of their way to please consignors and most likely did everything in their power in this situation. I assume that similar to EBAY you can ban someone and block them from bidding but can not force them to pay.

If I was a shill bidder, I'd gladly tolerate a yelling. If major auction houses are using eBay as the measuring stick for anything, we're in trouble. I'm pretty sure major auction houses have legal recourse to go after the winning bidder they chose to do so.

[ksabet]

Originally Posted by Matt

If I was a shill bidder, I'd gladly tolerate a yelling. If major auction houses are using eBay as the measuring stick for anything, we're in trouble. I'm pretty sure major auction houses have legal recourse to go after the winning bidder they chose to do so.

I never said EBAY was the measuring stick, I never said they used "yelling" as a tactic and for clarification I am NOT speaking on behalf of the auction house. Everything I stated was purely my own speculation. I just know people have a ton of excuses and it seems not worth the battle on a "his word" argument.

You still have the item, relist with them or another auction house the only cost is your time.

[Peter_Spaeth]

Originally Posted by Matt

I'm pretty sure major auction houses have legal recourse to go after the winning bidder they chose to do so.

Yes it's called a breach of contract claim.

[Peter_Spaeth]

Originally Posted by ksabet

Lastly I am not sure but I don't think a single auction house would purchase items from consignors due to non-paying bidders as a rule of thumb, if this was the case it would promote shill bidding even further as consignors could drive up the price and know the auction house would bail them out.

.

I don't understand this point, if the consignor wins the lot due to his own shill bidding then there is no one to pay or to bail out? Maybe i am missing the point.

[scgaynor]

I don't know any auction houses that go after non paying bidders legally unless it is a very high value item. Usually people don't pay because they don't have the money so you can sue them all that you want, but you can't get blood from a stone. An auction house is not going to go through the time and expense of trying to get a judgement that they most likely won't collect on anyway.

Every once in a while an auction house will buy an item that was not paid for, but only for really good consignors or if the item went cheap anyway. My guess is that your contract probably states what happens if the buyer does not pay (I put it in my contract). The standard protocol is that the item is either resold or returned to the consignor.

Scott

[ksabet]

Originally Posted by scgaynor

I don't know any auction houses that go after non paying bidders legally unless it is a very high value item. Usually people don't pay because they don't have the money so you can sue them all that you want, but you can't get blood from a stone. An auction house is not going to go through the time and expense of trying to get a judgement that they most likely won't collect on anyway.

Every once in a while an auction house will buy an item that was not paid for, but only for really good consignors or if the item went cheap anyway. My guess is that your contract probably states what happens if the buyer does not pay (I put it in my contract). The standard protocol is that the item is either resold or returned to the consignor.

Scott

Thank you for so eloquently making the point I guess I was failing to articulate.

[jcmtiger]

I don't know if auction houses do this, but why not offer to the next highest bidder?

Joe

[tbob]

Originally Posted by jcmtiger

I don't know if auction houses do this, but why not offer to the next highest bidder?

Joe

I was wondering the same thing. I have had a couple of auctions on ebay where the winning bidder never paid and I offered it to the next highest bidder at his bid price. I know ebay auction and an auction house auction are not exactly the same but was this tried? If the seller was ok with it, it seems like that might be one way of resolving the matter.

[ksabet]

Originally Posted by alanu

I would think the consigner would be given the option of:

-being paid for the item at the bid amount, thereby allowing the auction house to relist the item at their own risk of getting more or less the next auction... keeping in mind they have the final value fee in their favor



-Alan

I was simply commenting on the above point, that an auction house should not pay for items at the hammer price if a bidder does not pay.

[whiteymet]

Just for everyone to know what happened, Huggins and Scott told me they did go after the bidder with no luck in contating them. No answer on phone, emails not responded to etc. I do not blame H&S for lack of trying.

I also asked them to contact the second high bidder, even though I have been told "this never works" by them and other auction houses. H&S did contact the underbidder and he was "nice enough" to counter by offering $2000 LESS than his bid. I guess you can't keep going down the line to other bidders, as where do you stop, and at what price do you want to let the item go for.

Funny thing is I won the glove originally years ago from Centerfield Collectibles who contacted me as the underbidder when the "winner" returned the glove because he could not tell it was Ashburn's. I on the other hand had photos of him holding the EXACT glove, so I knew it was legit.