Disappointing Public Surplus Auction Experience

[Steve Mathews]

Normally the auctioneer has great latitude that's why an Auctioneers reputation is so important. When dealing with the government they have even more discretion and when they gave you your money back they are done.
Example Dayton Ohio sold some land for $40,000.they then realized that the land was worth much more. Months later they went to a judge and got the auction nullified then resold the parcel for $1.3 million. As a taxpayer I'm glad they got more money but as a buyer that seems wrong but that's the way the law is

I suspect laws governing real estate transactions differ.

In answer to Bill D's question - We're talking about the good ol USA

[Steve Mathews]

Thinking a little more about this ... If transactions for ordinary goods can be reversed either by terms and conditions of sale or government statutes when then is there any finality to the transaction? Can the seller come back a week, month or year later and take back what is sold? I've bought and sold many things over the years and never once even thought about reneging on a deal whether it was merely a verbal affirmative to the sale, handshake or something in writing. I may have regretted buying or selling something but never considered going back on my word.

[David Bolson]

IMO, you had a legally binding transaction, and if you took it to court, you would almost certainly win. But... are you going to take it to court?

David

[Warren Lake]

bid won, paid for you have bill of sale, done deal.

[Steve Mathews]

IMO, you had a legally binding transaction, and if you took it to court, you would almost certainly win. But... are you going to take it to court?

David

I'm seriously considering a legal remedy but haven't decided yet. The breach was so egregious in my opinion that I may find myself in the future disappointed not having pursued the matter.

[Frank Drackman]

I'm seriously considering a legal remedy but haven't decided yet. The breach was so egregious in my opinion that I may find myself in the future disappointed not having pursued the matter.

Have you contacted them to get the terms that you agreed with when you registered as a bidder?

[Doug Garson]

again I ask, what country ?
Bill D
Modesto, California ,USA

My post was based on the rules for an online auction called Maxbid here in Canada but here are the rules for Ebay.com. "You are responsible for reading the full item listing before making a bid or commitment to buy, You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted)". (my underlining and bolding)

[Bill Dufour]

On line bidders,phone bidders, and mail bidders open up a layer of federal fraud laws involving interstate commerce. They seller does not want to get the feeds involved for that price. If it was a n person only auction the state attorney general should get involved. I doubt the county DA would get in the middle of this. No idea on the law if you went at night and hauled it out of their lot.
Bill D

[Jon Nuckles]

No offense, but there are a lot of uninformed legal opinions above. You would pay for more than your perceived loss if you hire a lawyer to pursue this, but you certainly would be better off than relying on any advice you get from an online woodworking forum.

[Brice Rogers]

Steve, Here is my opinion (I'm an ex-engineer, not a lawyer): unless the terms of your contract/purchase (the fine print) specifically mentioned that they could cancel at any time prior to shipment for any reason, then you have a valid contract. I remember from business law that if there is an offer (your bid), an acceptance (bid won and you were notified) and consideration (you paid), then they are bound.

But, you really only have one reasonable option - - that is, to give them a letter of demand requiring their "specific performance. That is, they sell you the item at your winning bid price. Sometimes a person can claim damages, but in this case it would be hard to prove.

So, I would suggest that you promptly give them a specific performance demand letter. If it gets to the point where they have resold the item and shipped it to someone else, then you really don't have any decent options.

[Rob Charles]

I agree with the above. Send the specific demand letter. If they continue with their re-auction efforts and you really want the item, re-register for the second auction under protest, & re-bid & purchase under protest. Document it the entire way through. Then pursue a claim through the courts between the difference in the 1st auction & 2nd auction prices.

[Brian Elfert]

I have noticed on many of the auctions by counties and cities they have a caveat that the county board or city council has to approve the final bid.

[Doug Garson]

I have noticed on many of the auctions by counties and cities they have a caveat that the county board or city council has to approve the final bid.

All the more reason to read the auction terms of sale.

[Nicholas Lawrence]

I'm seriously considering a legal remedy but haven't decided yet. The breach was so egregious in my opinion that I may find myself in the future disappointed not having pursued the matter.

If this was an auction for surplus government property, you are probably not dealing with a fly by night operation. Read the rules you agreed to when you bid. The answer is probably in there. Mistakes in listings happen all the time. Companies that have been around a while have provisions on how they will deal with those situations.