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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33404
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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A business that had advertised in our local paper stated

Customer Question

A business that had advertised in our local paper stated that they held estate sales. After my wife died, I was in the process of downsizing several of our collections and misc. other collectable items. The leader of this business, came to my home and I helped him load the items I wanted told in his vehicles because he said it would be nearly impossible to sell this lot of items on-sight. He usually took other estate items to a small town community center about 10 miles away where they had room and tables to display my items on. I had entrusted collections of Fenton glass, Delft blue pottery (my wife was originally from Holland and she had received much of these items as Christmas or birthday gifts, large number of Bichon Frise dog figurines (we had bee been involved with Indiana's only accredited Bichon Frise breeder and show person, a very large lot of Santa Clause collectables and many other individual primitive and antique items. Many of the collections He was to price the items and after the sale he would be compensated 30% of the proceeds. What did not sell was to be returned to me. Near the end of the advertised closing time, the estate salesman called me and said that his time of renting the community center was rapidly arriving and things had to be cleared out. With him using a station wagon (or suv) and my F-350 diesel truck thing were moved from the community center back to my residence. One of the salesman's helpers(?) was just roughly putting things in large boxes and plastic tubs. Many of my collections were accumulated 1 or 2 a year, packaged in Styrofoam fitted packing and then in a form fitting box. One such collection had taken me several years to complete. As I unpacked unsold items at my house I found that none of these items were in their protective packing, and that, in a few cases items were in pieces. For instance, one piece of a salt and pepper set was broken, removing any value of the unbroken part of the set. At the end, I was given a check for slightly more than $2000. I believe what I had consigned for sale was easily worth over $10,000. I thought I had been given cents on the dollar of what I should have received. I was looking at some on-line auctions and I found an auction held by the same person who was supposed to have sold some of the items in my "estate sale." And the contents of the auction this person was holding (I happened upon an add for this auction) and about 90% of the items were items that were had supposedly been sold by this person in my "estate sale."
I believe that this person had just kept many of the items designated for MY sale and then sold them in an auction a couple months later where he realized a much, much larger piece of the pie. I also believe that this was a dishonest (and possibly an illegal) transaction and I was the subject of fraud. I have tried to make contact with this person by telephone & e-mail. It seems that he, nor his "business," is listed in the phone book. I have not been able to find any adds for his business. Is it doing me any good to continue to locate this individual
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

I read your facts, is there a specific question with which I could assist?

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