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Dimitry K., Esq.
Dimitry K., Esq., Attorney
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I LIVE IN HALLS TN. - I ATTENDED AN INDUSTRIAL AUCTION IN

Resolved Question:

I LIVE IN HALLS TN. - I ATTENDED AN INDUSTRIAL AUCTION IN MUSKEEGON MICHIGAN RECENTLY AND PURCHASED SOME ITEMS, THERE WAS A MISTAKE ON MY BILL AND I LEFT WITHOUT PAYING MY BILL. I DID NOT TAKE POSSESION OF THE ITEMS I PURCHASED, THEY ARE STILL AT THE PLANT. CAN I BE FORCED TO PAY FOR THESE ITEMS ?
Submitted: 3 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question.

Did you notice the mistake and that is why you did not pay for the items? Or is the mistake not the reason you failed to make a payment? What type of a mistake was it?
Customer: replied 3 years ago.
THAT IS THE FIRST REASON. THERE WAS SEVERAL PROBLEMS WITH THIS AUCTION, I DID PURCHASE ONE LOT THAT I CONSIDERED LOTTED INCORECTLY. THE LOT THAT I DID NOT BUY WAS $ 4000.00 MY TOTAL BILL WAS APROX 28000.00. NEXT PROBLEM WAS WE HAD TO USE A PERSON TO LOAD OUR ITEMS THAT WAS EXTREMELY EXPENSIVE. EXAMPLE NORMAL PRICE FOR LOADING A PALLET ON A TRUCK IS FROM 5 TO 25 DOLLARS. THIS RIGGER CHARGED A FRIEND $75.00 EACH FOR 4 PALLETS.
Expert:  Dimitry K., Esq. replied 3 years ago.
Just to be clear, why was the total bill so much more? What exactly was your bid? Is the difference in price based on auction fees?
Customer: replied 3 years ago.
AUCTION FEES 13 PERCENT OF TOTAL BILL - I BOUGHT SEVERAL ITEMS TOTALING APROX 24000.00 TOTAL - I SENT THIS INFO ONCE ALLREADY, MUST NOT HAVE WENT THROUGH, SORRY.
Expert:  Dimitry K., Esq. replied 3 years ago.
Not a problem, I did not see the additional information until just now.

Typically unless you recognized a mistake while bidding, you remain liable for the bills and the fees due to the auction. The whole point of bidding at auction is that you purchase "as is" and without additional assurances or warranties. Unless you can attempt to pursue the seller for fraud (wrong description on the item), you are liable for the fees, as well as the costs of placing the items on the pallet for you. That, unfortunately, while expensive, is something that you remain responsible for.

Good luck.

Edited by Dimitry Alexander Kaplun on 11/2/2010 at 8:45 PM EST
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 37124
Experience: Run my own successful business/contract law practice.
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