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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
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Experience:  Run my own successful business/contract law practice.
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Storage companys auctioneer sold the wrong vehicle during

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Storage company's auctioneer sold the wrong vehicle during an auction. The storage company refuses to pay for the relplacement cost of the vehicle. What should be done?
Submitted: 4 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 4 years ago.
How did the mistake occur? Who mislabeled the lot/vehicle?
Customer: replied 4 years ago.
The mistake as stated by the manager of the storage company was that the lot 66 was auctioned off. The auctioneer claims that lot 66 was the correct lot that was auctioned. However, the tow company removed the vehicle from lot 67. Which was not to have been auctioned. The manager of the storage company is blaming the auctioneer. The auctioneer is denying any responsiblity. What should be done? Negotiations with the storage company have been attempted, however they are shifting the responsibility to the auctioneer.
Expert:  Dimitry K., Esq. replied 4 years ago.
It appears that you would have to bring suit against them all, since all, one, or a combination of them negligently ended up selling the wrong item. Since you personally cannot prove (and in essence do not care) who exactly made the mistake, you have the ability to name (enjoin) all the parties in a suit under "joint and several" liability for the negligent mistake that occurred with this sale.

What you are saying to the court is that since the lot was under the control of the auctioneer, the tow company, and the storage company, each contributed to the event. If the lot was worth $10,000, you do not care who ends up compensating since clearly an error was committed by one or all of them. If you win a judgment, you can collect from any or all of them--then they can counter sue each other for their share of the lost judgment.

Sincerely,

Dimitry Alexander Kaplun, Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 38097
Experience: Run my own successful business/contract law practice.
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