Auction abandonment advice

BrianGrenier · Feb 10, 2020

A tractor, utility, three wheeler that was on an IronPlanet auction caught my eye and I bid the minimum and got it.

The description of the unit says 'diesel engine'. Further description says unit was not tested for functionality and the engine is not complete.

I paid for it and went to pick it up and it turns out that there is No engine and I refused the item and well, now the auction company is offering me to resell the item less any storage fees. So I guess they're a couple of angles on this but what I'm wondering is: do I risk them charging me so much in storage fees that I end up owing even more. That's the question and I don't want to put more money into this mistake!

The item is at a military base in the US and it was not available for pre-inspection. The item was so dismantled that it look like a tweaker was screwing with it and the post representative guy said that they don't throw anything away but there was a lot of stuff missing off this thing and maybe no value in it at all. There were a number of pictures of the item in the catalog, but frankly, I didn't notice the engine missing, lol!!

Any advice is greatly appreciated.

Delmer · Feb 10, 2020

On a couple of occasions when something has been misrepresented in an online auction listing, the auction company has worked with me, either make it right, or refunded my full payment and kept me as a bidder. These were NOT military surplus items, I've been under the impression that those would be much more "as is", you judge by the pictures, you bought it-you like it.

I'm thinking you should have picked it up when you were there, and try to sell it yourself, or whatever. I don't think you'll pay more having them sell it, most likely you'll get a small check back for what it sells to eventually, minus storage, fees, and more fees. I wouldn't make any more payment to them for storage, assume that's coming out of the selling price, and play dumb to any request for storage fees in advance.

BrianGrenier · Feb 11, 2020

A voluntary abandonment form was sent to me by the auction house and it is easier to go this path than Small Claims.

If they charge me storage fees, well I'm not paying 'em!! The worst that can happen is they ban me.

Anyway Caveat Emptor especially with Xron Xlanet! Good to get this off my chest! Thanks!

DB2 · Feb 11, 2020

Recently bought a heavily damaged truck from Salvage Sale with an accepted offer. No Iron Clad guarantee. When the unit arrived there were quite a few parts missing that we’re there in the original pictures. With logistics being the way they were it took the better part of a month before I finally laid eyes on it. I immediately voiced my concerns but was told numerous times there was no guarantees.
My advice to anyone who wins a bid like this is to go look at it ASAP or get an outside agency to inspect as soon as possible and before settling payment.
I have had several good deals through Iron Planet (who operate Salvage Sale under the huge Ritchie Bros conglomerate) and wouldn’t hesitate to buy again but would definitely make a trek or get a third party inspection before offering payment in cases where there is no Iron Clad guarantee. If they won’t let that happen I would simply balk.
Easy enough to register under a different name.

Vetech63 · Feb 11, 2020

UGH...…….I know some people get good deals at auctions, but I have seen wayyy more bad ones than good. Its a MAJOR "buyer beware" market from what I have seen.

John C. · Feb 11, 2020

Good or bad are point of view descriptions. I've seen plenty of people that pay little to nothing and then scream that the item looked new in the photos. You only get whine time from dealers. All auctions that I know of sell "AS IS, WHERE IS with all obvious and inherent defect." Missing parts can have a lot of causes but the biggest is not being able to move the asset to a secure location as soon as the sale concludes. Auction yards are not secure locations.

Welder Dave · Feb 11, 2020

BrianGrenier said:
A voluntary abandonment form was sent to me by the auction house and it is easier to go this path than Small Claims.

If they charge me storage fees, well I'm not paying 'em!! The worst that can happen is they ban me.

Anyway Caveat Emptor especially with Xron Xlanet! Good to get this off my chest! Thanks!

Kind of doubt they'd want to take you to court for non payment. Diesel engine is a lot different than no engine at all.

Delmer · Feb 11, 2020

one factor that I forgot, this is mostly state law. I live in a more consumer rights type of state, I don't know what your local state laws would be. Lacking specific state law, the uniform commercial code UCC governs business law.

In my understanding, in my state, "as is" etc do not allow an advertisement to be false, that is, if they state "as is" but then describe it, the description has to have some truth to it. "as is" with no misrepresentations = AS IS.

Welder Dave · Feb 11, 2020

I would agree with that thinking, gross misrepresentation. Just like a motocross bike comes with no warranty it still must be of sound quality with no obvious issues. Suzuki was forced to recall some 2008 bikes because cases were cracking around the kick starter. I believe some dealers replaced the engines with 2009 models as well.

http://www.suzukicycles.com/~/media/Recalls/C08 01E Letter.pdf

John C. · Feb 11, 2020

I used to do inspections for Iron Planet some years ago and what seems odd from back in the days of film when I did inspections for them, I had to shoot a full 26 photo roll of film and they were all printed in the advertising materials. I haven't looked at their site is awhile but believe the last time I was on there, there were a lot more than 26 photos per machine. When I was doing the inspections, which required using their inspection forms, all that information would have been in the marketing materials along with the photos. I know they guarantee their inspections and from what I've seen in the past were very accommodating to people who could prove something was mis-represented. I have heard second hand information of a few machines that were taken back with monies returned. I have also heard of them going after people who refused to pay. I suppose it would depend on the circumstances of the asset and amount of money paid. I can say that if they want to make it rough on the buyer, they are perfectly willing and capable of doing so.

excavator · Feb 11, 2020

I have a customer/friend who bought a Hitachi excavator through iron planet and when it arrived it had no heater. It was from the south so it makes sense but it stated in the description that the heater system functioned as normal. It took him quite a fight to get them to compensate him for this.

old-iron-habit · Feb 11, 2020

I once bought a very early D4 sight unseen, except for printed pictures, in a neighboring state on AuctionTime. I spoke to the seller whom turned out to be a farm equipment dealer, and made arraignments to pick it up on the weekend. He said to pay when I picked it up. When I arrived after a 350 mile drive on Saturday the machine was not as represented. The model number and serial number were not as represented. It was not the semi rare machine that the Model and serial number in the auction add indicated. I explained that it was not the machine I expected, refused to pay when he insisted it was mine, and drove off. I called AuctionTime and explained to them what happened. A couple weeks later I received a letter from them that a representative had looked at the machine and was in agreement with me. He stated that I was still in good standing, that the dealer after more research realized they had messed up the add using text from a different one. The auction house relisted the machine for them with the proper text and it sold for about half. I think I got lucky that I had not paid for the machine before I seen it.

Jeffrey Bandel · Feb 16, 2020

John C. said:
I used to do inspections for Iron Planet some years ago and what seems odd from back in the days of film when I did inspections for them, I had to shoot a full 26 photo roll of film and they were all printed in the advertising materials. I haven't looked at their site is awhile but believe the last time I was on there, there were a lot more than 26 photos per machine. When I was doing the inspections, which required using their inspection forms, all that information would have been in the marketing materials along with the photos. I know they guarantee their inspections and from what I've seen in the past were very accommodating to people who could prove something was mis-represented. I have heard second hand information of a few machines that were taken back with monies returned. I have also heard of them going after people who refused to pay. I suppose it would depend on the circumstances of the asset and amount of money paid. I can say that if they want to make it rough on the buyer, they are perfectly willing and capable of doing so.[/QUOTE

There is a Ritchie Brothers Auction coming up and there is an excavator I am interested in. I cannot get to the auction. I would like to have someone independent inspect it for me. Do you know how I can find an inspector?

BrianGrenier · Apr 10, 2020

The tractor, with no diesel engine, was sold again by GovPlanet. The last I heard, they would sell it for me, since I had rights to it, so I shall see if there are proceeds. If so, I would say GovPlanet treated me failry!

Auction abandonment advice

BrianGrenier

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Delmer

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BrianGrenier

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DB2

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Vetech63

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John C.

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Welder Dave

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Delmer

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Welder Dave

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John C.

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excavator

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old-iron-habit

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Jeffrey Bandel

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BrianGrenier

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