Hello, I was wondering if any readers ever undertook criminal or civil actions against an auction that sold forged cards. I purchased $15,000 in vintage cards at an online auction last year. Before doing so I checked out the auction site's history. The cards were not authenticated and I spoke with the general manager of the auction prior to the auction to get some background on the cards. He said it was a very large collection that belonged top a collector who had recently passed away and while he could not guarentee the cards authenticity he believe everything was legit. Turned out that every card I purchased was sent back from PSA as questionable authenticity.
I have continued to work with the auction house and they have made repeated promises that the estate intends to refund the money not just to me but to anyone else that bough the cards. However, this has dragged on for 8 months and I don't have much hope of seeing the money.
If there are any avenues I can pursue to bring the threat, real or imagined, of legal restitution I am willing to consider that. Has anyone had a similar experience or wisdom uou can share with me?
Thank you in advance!
I cannot imagine a scenario where you could not sue and win.
How is this different than an "as is" auction and what avenues of recourse does that have?
first what does there auction say second he said this to u
while he could not guarentee the cards authenticity he believe everything was legit. this doesn't negat the actual contract that u agreed to for bidding but trust me im sure if u post the rules I or some will find there loophole
I always say stick with the major auction houses otherwise try to pay with American express if possible.
u can sue but there might be a clause in ur bidding agreement that might bind u to arbitration and only to his home state.
+1 Let's see the auction website. Several houses have an "as is" in there, or if you have more than 5 items in a lot you have no recourse etc. Others allow just one year for authenticity. What were the terms you agreed to?
The auction requires you to click on "Agree to Terms" before you can bid. It contains the "As is, where is" language and a standard "Release" protecting them and this language as well...
THIS AGREEMENT BINDS YOU TO ARBITRATION AND BY AGREEING TO THE TERMS HEREIN YOU ARE GIVING UP YOUR RIGHT TO BRING A LAWSUIT AGAINST XYZ ( my insertion). YOU SHOULD REVIEW SECTION 12 CAREFULLY PRIOR TO BIDDING ON ANY LOTS. (Section 12 is the Release and Hold Harmless )
There is also language that states that any statements made by their employees are only opinions and not guarentees of authenticity.
It has every appearance of a legitimate on line Auction House. They are located in a remote rural area of the state and appear to be small or mid sized in terms of the frequency and content of their auctions. If they were regularly conducting this type of fraud I wouldn't think they would still be in business. The individual I am dealing with has told me numerous times that the "check is almost in the mail" and it never makes it due to some questionable problems with the banks or other institutions.
I did contact the State's AG office and have the necessary forms to initial a consumer complaint. I am just trying to assess my chances before I start pushing on a long string.
Thanks for everyone's thoughts and opinions. This is helpful for me.
Why not name the house? For future reference you can get opinions from PSA/DNA before you bid on anything. Sorry this happened to you. No guarantee, no COA/LOA, "as is" and the rest of that verbiage - bad mix.
I don’t want to name them at this point while I still have a shred of faith in the guy I am dealing with and the money may show up. I know what you are probably thinking but i think it is the Christian in me that wants to believe this fellow. If it does go all bad I will name the House so that others are aware.
First the consignor has been payed if there really was one .second hes not paying u back out off his pocket.
All that and 8 months and you still have some modicum of faith? You are being played.
Are the initials C.C.?
Auction + scads of forgeries = the first two letters that came to mind! lol