Auction screw-up ... books returned. CLOSED

[porcupine48]

Well then...when do we hear about the return email?

[comix4fun]

I can't believe this is actually a thread.

 

Don't you have those cartoon devils and angels that appear on your shoulder whenever this mess comes up?

 

Listening to the Devil in this circumstance is certainly the wrong way to go.

 

 

 

[/url]

[eewwnuk]

if you still need legal advice i can provide it. $100 per call.

[comix4fun]

if you still need legal advice i can provide it. $100 per call.

 

 

Flat fee? Nice!

[the blob]

From a legal perspective, this raises an interesting question. I actually just read a law review article to brush up on it. Thank goodness I found that money when I was a kid (and $1500 with a rubberband on it was probably something dropped by a drug dealer given where I grew up)! Is this really tantamount to the misdelivered package (putting aside USPS law)? But it isn't quite the same as buying a painting and finding out later, after peeling off some paint, that it was painted over a Rembrandt or finding a diamond ring inside the chest of drawers you bought at the flea market. Closer to the misdelivered package. Not sure what the law on the diamond ring is.

 

Don't they arguably have some sort of obligation to check the items they are handing over to you when you sign and pay for them? If those interior comics in the sealed pack where 1990s Image books and not the Spideys you thought they were, would they be fixing the problem if you only discovered this once you got home or would they say you should have checked them at the auction house?

 

Anyway, it's interesting from a legal perspective. Not so much from an ethical perspective as you know exactly what the right solution is.

[Green]

From a legal perspective, this raises an interesting question. I actually just read a law review article to brush up on it. Thank goodness I found that money when I was a kid (and $1500 with a rubberband on it was probably something dropped by a drug dealer given where I grew up)! Is this really tantamount to the misdelivered package (putting aside USPS law)? But it isn't quite the same as buying a painting and finding out later, after peeling off some paint, that it was painted over a Rembrandt or finding a diamond ring inside the chest of drawers you bought at the flea market. Closer to the misdelivered package. Not sure what the law on the diamond ring is.

 

Don't they arguably have some sort of obligation to check the items they are handing over to you when you sign and pay for them? If those interior comics in the sealed pack where 1990s Image books and not the Spideys you thought they were, would they be fixing the problem if you only discovered this once you got home or would they say you should have checked them at the auction house?

 

Anyway, it's interesting from a legal perspective. Not so much from an ethical perspective as you know exactly what the right solution is.

 

Right. Thats what i meant earlier. If he was bidding on X amount of books and paid for X amount of books and received X amount of books they are his regardless of how they are marked. Now if he was bidding on X books and received X+Y after only paying for X he should return them. Its unclear from his language which is the case.

 

Not nearly as cut and dry as everyone is making it out to be.

 

 

[Davenport]

Right. Thats what i meant earlier. If he was bidding on X amount of books and paid for X amount of books and received X amount of books they are his regardless of how they are marked. Now if he was bidding on X books and received X+Y after only paying for X he should return them. Its unclear from his language which is the case.

 

Not nearly as cut and dry as everyone is making it out to be.

 

Parts of the opening post were pretty 'cut and dry'. He looked up the stickered Lot #s of the two he unknowingly took delivery of and discovered in his possession. And he understands who won those Lots, and that they don't belong with him.

 

I discovered that there were 2 extra hidden lots sandwiched in my lot! I spotted the 2 sticker labels with different number.

Because one is mine and the other 2 lots were 2 other guys - one auction each guy. One is from Ontario Canada, another from U.S. I had to look up in past ended auctions to find out.

[Chaseman210]

Take them back.

[Green]

Right. Thats what i meant earlier. If he was bidding on X amount of books and paid for X amount of books and received X amount of books they are his regardless of how they are marked. Now if he was bidding on X books and received X+Y after only paying for X he should return them. Its unclear from his language which is the case.

 

Not nearly as cut and dry as everyone is making it out to be.

 

Parts of the opening post were pretty 'cut and dry'. He looked up the stickered Lot #s of the two he unknowingly took delivery of and discovered in his possession. And he understands who won those Lots, and that they don't belong with him.

 

I discovered that there were 2 extra hidden lots sandwiched in my lot! I spotted the 2 sticker labels with different number.

Because one is mine and the other 2 lots were 2 other guys - one auction each guy. One is from Ontario Canada, another from U.S. I had to look up in past ended auctions to find out.

 

It sounds to me like buying a bulk lot and the dealer needing some of them back (after you get home) because he already sold them but put them in the wrong box.

 

Of the two lots - one is a short comic box full with Teen Titans set, and the other lot is a group of SA Spider-Man low grade copies... all comics were SEALED by hot sealing method. If you know what I mean? In auction place - many SA/BA/CA comics were storaged inside plastic bags then were "hot sealed" so people cannot open these comics.

 

This is the interesting part. My friend and I went home by bus with my comic box lugged all the way. Upon arrived home - I begin slit open the sealed bags to pull out the comics.

 

See, at the auction place... all sealed bagged comics only have the issues to see front and back. Any extra issues sandwiched between front and back cannot be seen. in my case - the Spider-Man comics were only visible, along with one SA Avengers #25 UK edition to see. I had no idea what other issues unseen between these books. I thought by under impression they were extras throw in with Spider-Man books as part of the "package deal". I said to my friend - "maybe more UK editions"

 

Clearly he viewed the lots already sealed. Whether he thought they were freebies, more UK editions or gold bars doesnt matter. I would assume the quantity of the books impacted his bid. What if 75% of that shortbox were books that were not supposed to be in the lot he was bidding on? Just give it all back? Eat it for the auction house.

 

On the total flip side of the coin if he did have to give the books back wouldnt the auction house be responsible for issuing a refund due to them misrepresenting the lots that the OP was bidding on?

 

 

 

 

[wombat]

I am definitely confused now as to exactly how the extra lots were included. Were they just in the same box, but separated? Were they actually sealed up with his lot in one big bunch? Were they originally pictured with his lot that he bought?

[Chaseman210]

Right. Thats what i meant earlier. If he was bidding on X amount of books and paid for X amount of books and received X amount of books they are his regardless of how they are marked. Now if he was bidding on X books and received X+Y after only paying for X he should return them. Its unclear from his language which is the case.

 

Not nearly as cut and dry as everyone is making it out to be.

 

Parts of the opening post were pretty 'cut and dry'. He looked up the stickered Lot #s of the two he unknowingly took delivery of and discovered in his possession. And he understands who won those Lots, and that they don't belong with him.

 

I discovered that there were 2 extra hidden lots sandwiched in my lot! I spotted the 2 sticker labels with different number.

Because one is mine and the other 2 lots were 2 other guys - one auction each guy. One is from Ontario Canada, another from U.S. I had to look up in past ended auctions to find out.

 

It sounds to me like buying a bulk lot and the dealer needing some of them back (after you get home) because he already sold them but put them in the wrong box.

 

Of the two lots - one is a short comic box full with Teen Titans set, and the other lot is a group of SA Spider-Man low grade copies... all comics were SEALED by hot sealing method. If you know what I mean? In auction place - many SA/BA/CA comics were storaged inside plastic bags then were "hot sealed" so people cannot open these comics.

 

This is the interesting part. My friend and I went home by bus with my comic box lugged all the way. Upon arrived home - I begin slit open the sealed bags to pull out the comics.

 

See, at the auction place... all sealed bagged comics only have the issues to see front and back. Any extra issues sandwiched between front and back cannot be seen. in my case - the Spider-Man comics were only visible, along with one SA Avengers #25 UK edition to see. I had no idea what other issues unseen between these books. I thought by under impression they were extras throw in with Spider-Man books as part of the "package deal". I said to my friend - "maybe more UK editions"

 

Clearly he viewed the lots already sealed. Whether he thought they were freebies, more UK editions or gold bars doesnt matter. I would assume the quantity of the books impacted his bid. What if 75% of that shortbox were books that were not supposed to be in the lot he was bidding on? Just give it all back? Eat it for the auction house.

 

On the total flip side of the coin if he did have to give the books back wouldnt the auction house be responsible for issuing a refund due to them misrepresenting the lots that the OP was bidding on?

 

 

 

 

My interpretation of the OPs post is this: he bid on a lot of SA Spideys. Also at the auction were lots of X, Y, etc. He won the Spideys. After opening them when he left, he found the X, Y, etc. lots grouped in with his Spidey lot. So there wouldn't be a refund since he knew he was only bidding on the ASMs, correct? Or is my reading way off?

[Green]

Right. Thats what i meant earlier. If he was bidding on X amount of books and paid for X amount of books and received X amount of books they are his regardless of how they are marked. Now if he was bidding on X books and received X+Y after only paying for X he should return them. Its unclear from his language which is the case.

 

Not nearly as cut and dry as everyone is making it out to be.

 

Parts of the opening post were pretty 'cut and dry'. He looked up the stickered Lot #s of the two he unknowingly took delivery of and discovered in his possession. And he understands who won those Lots, and that they don't belong with him.

 

I discovered that there were 2 extra hidden lots sandwiched in my lot! I spotted the 2 sticker labels with different number.

Because one is mine and the other 2 lots were 2 other guys - one auction each guy. One is from Ontario Canada, another from U.S. I had to look up in past ended auctions to find out.

 

It sounds to me like buying a bulk lot and the dealer needing some of them back (after you get home) because he already sold them but put them in the wrong box.

 

Of the two lots - one is a short comic box full with Teen Titans set, and the other lot is a group of SA Spider-Man low grade copies... all comics were SEALED by hot sealing method. If you know what I mean? In auction place - many SA/BA/CA comics were storaged inside plastic bags then were "hot sealed" so people cannot open these comics.

 

This is the interesting part. My friend and I went home by bus with my comic box lugged all the way. Upon arrived home - I begin slit open the sealed bags to pull out the comics.

 

See, at the auction place... all sealed bagged comics only have the issues to see front and back. Any extra issues sandwiched between front and back cannot be seen. in my case - the Spider-Man comics were only visible, along with one SA Avengers #25 UK edition to see. I had no idea what other issues unseen between these books. I thought by under impression they were extras throw in with Spider-Man books as part of the "package deal". I said to my friend - "maybe more UK editions"

 

Clearly he viewed the lots already sealed. Whether he thought they were freebies, more UK editions or gold bars doesnt matter. I would assume the quantity of the books impacted his bid. What if 75% of that shortbox were books that were not supposed to be in the lot he was bidding on? Just give it all back? Eat it for the auction house.

 

On the total flip side of the coin if he did have to give the books back wouldnt the auction house be responsible for issuing a refund due to them misrepresenting the lots that the OP was bidding on?

 

 

 

 

My interpretation of the OPs post is this: he bid on a lot of SA Spideys. Also at the auction were lots of X, Y, etc. He won the Spideys. After opening them when he left, he found the X, Y, etc. lots grouped in with his Spidey lot. So there wouldn't be a refund since he knew he was only bidding on the ASMs, correct? Or is my reading way off?

 

He at least saw an avengers 25 UK edition

 

It is difficult to decipher exactly.

[Green]

I am definitely confused now as to exactly how the extra lots were included. Were they just in the same box, but separated? Were they actually sealed up with his lot in one big bunch? Were they originally pictured with his lot that he bought?

 

Pictures? I was under the assumption this was an "in person" transaction.

[Park]

via Imgflip Meme Maker

 

[wombat]

If it went down like this:

 

You are bidding on comics xyz. There may or may not be other comics included. Here is a picture of the lot.

 

If those were included in the picture/showing then I may have to change my tune.

 

 

[wombat]

I am definitely confused now as to exactly how the extra lots were included. Were they just in the same box, but separated? Were they actually sealed up with his lot in one big bunch? Were they originally pictured with his lot that he bought?

 

Pictures? I was under the assumption this was an "in person" transaction.

 

Then substitute showing for pictures. I was just trying to get at if the entire lot that the OP saw (maybe he didn't see the lot?) prior to bidding included these books.

[telerites]

Is this thread about ill gotten booty or ill booten gotty?

 

 

[the blob]

OP needs to clarify, if he bids on a "Spiderman lot" and what he is allowed to see is a 8 inch thick heat sealed bag of comics with a spidey on the front and a spidey on the back, so he assumed he is getting 8 inches of comics, but he gets home and no, only 3 inches of that is spideys and the other 5 inches are the other two lots, then the auction house should be out of luck as they gave the impression he was getting the full 8 inches, not 3.

 

no double entendres intended.

[Davenport]

You're freaking out over incompetence, some internal screw up. Like it's sinister or something.

 

If you see labeled Lot numbers just compare them to the catalog and keep what's yours. Return the others.

 

Online visual of lots - Sunday September 14th 2014, 9:30am (EXPIRED)

Word doc download - Comic Cat1.doc

Lot #106 - AMAZING SPIDER-MAN #23,27,29,35 & 100 (1965-71)

 

OP called out "Lot 106" as one of his. I wonder if there are pics.

[Aces]

I think I may had gotten myself in some sort of "Catch-22" situation with my auction item that I had won as a high bidder this weekend. See, I was bidding on couple of lots where there were lots of comic books. Able Auctions was the place in Vancouver here and they had a huge auction with over 450+ lots. Locals would know what I'm talking of.

 

Anyway, I got 2 lots and went there to pay in cash on Sunday, picked up my comics while there was an staff assistant with me to get them. Under their watch - I did everything proper with rules followed. With my receipt copy signed and stamped, and the security guy had checked me and the comics to be sure I have the correct lots.

 

My friend was also there with me, he was curious about this auction place so I explained to him about how he can bid on comics for cheap... So he did had saw what happened to the end.

 

Of the two lots - one is a short comic box full with Teen Titans set, and the other lot is a group of SA Spider-Man low grade copies... all comics were SEALED by hot sealing method. If you know what I mean? In auction place - many SA/BA/CA comics were storaged inside plastic bags then were "hot sealed" so people cannot open these comics.

 

This is the interesting part. My friend and I went home by bus with my comic box lugged all the way. Upon arrived home - I begin slit open the sealed bags to pull out the comics.

 

See, at the auction place... all sealed bagged comics only have the issues to see front and back. Any extra issues sandwiched between front and back cannot be seen. in my case - the Spider-Man comics were only visible, along with one SA Avengers #25 UK edition to see. I had no idea what other issues unseen between these books. I thought by under impression they were extras throw in with Spider-Man books as part of the "package deal". I said to my friend - "maybe more UK editions"

 

No, was I ever wrong! Yes, some more UK editions but these unseen comics were not part of my lot. They were separate lots - in fact, I discovered that there were 2 extra hidden lots sandwiched in my lot! I spotted the 2 sticker labels with different number. My friend and I were bewitched and confused - "what the heck is going on?!" we said. That was a total surprise!

 

That is where I need to ask you on legal advise. I believe somehow one of the staff members made a huge goof-up screwed mistake.

 

Should I inform the staff about their screw-up? After all, it's their fault that caused this auction all messed up. No, make that THREE auctions all screwed up. Because one is mine and the other 2 lots were 2 other guys - one auction each guy. One is from Ontario Canada, another from U.S. I had to look up in past ended auctions to find out. I felt bad but at same time wondering how to explain that?

 

What should I do? Their rules said "Items are sold as is where is" followed by "No guarantees/warranties/refunds or exchanges". Right on my reicpit as printed there.

You started a thread about it in CG so you better damn well return them.

If you wanted to keep them you shoulda kept your mouth shut.