if i tried to purchase a diamond ring at a silent auction and my credit card was declined, but now after 2 days i am happy i didn't buy the ring and no longer want it, can i decide not to buy it now? i did sign the sheet as a bidder (the only bidder) before they ran my credit card. the jeweler has called and left a message "we have your ring, please call us to arrange payment" I really don't want the ring anymore and do not think it was the great deal they were saying it was..
Optional Information: Country relating to Question: United States State (if USA): California Already Tried: just ignored the call today from the jeweler
Hello and thank you for using the JA website. Please remember that this site is intended to provide general legal information only.Generally speaking, when you buy something at an auction, you are entering into a binding contract. That means that if you end up not paying for the ring, the seller or whomever ran the auction may choose to file suit against you. Depending on the amount, it may not be worth it to them to sue and they may just offer it to the next highest bidder. However, an auction bid is generally a legally binding contract.Please let me know if this has answered your question. If you need clarification, please do not select a rating yet. Instead, click the Reply or Continue Conversation button. If, however, I have fully answered your question, please remember to rate me a 3 or higher so that I may be compensated for the time it takes to respond to your questions. That is the only way that we experts get paid since we do not get paid by the site. Keep in mind that you are rating my service and not the website and that the site prohibits us from giving legal advice or opinions on your specific circumstances. We can only provide general legal information.
is there any way to get out of the legally binding contract?
The only way to get out is usually to have the other party agree to let you out of the contract. Just because there was only one bid does not mean that they were untruthful about the value.Please let me know if this has answered your question. If you need clarification, please do not select a rating yet. Instead, click the Reply or Continue Conversation button. If, however, I have fully answered your question, please remember to rate me a 3 or higher so that I may be compensated for the time it takes to respond to your questions. That is the only way that we experts get paid since we do not get paid by the site. Keep in mind that you are rating my service and not the website and that the site prohibits us from giving legal advice or opinions on your specific circumstances. We can only provide general legal information.
one more thing. when we went to purchase the ring with credit card the lady said, "the silent auction is closed but lets see what we can do" and then she took the credit card and ran it. does this make any difference in my case?
I'm not sure I am following what you are saying. I don't know what lady you are referring to.
the lady i am referring to was the lady wearing the ring taking the bid. I am not sure if she was the jeweler or just volunteering
Well, I have no idea what she was referring to or what she meant by the auction being closed since I was not there. It would not make a difference anyway. The relevant facts are whether you bid on the item and whether you won the item. If you did indeed bid on the item and won, then it is a binding contract unless and/or until you have something in writing from the other party saying otherwise.Please let me know if this has answered your question. If you need clarification, please do not select a rating yet. Instead, click the Reply or Continue Conversation button. If, however, I have fully answered your question, please remember to rate me a 3 or higher so that I may be compensated for the time it takes to respond to your questions. That is the only way that we experts get paid since we do not get paid by the site. Keep in mind that you are rating my service and not the website and that the site prohibits us from giving legal advice or opinions on your specific circumstances. We can only provide general legal information.
Experience: Experience in consumer litigation and FDCPA matters