Re: Auction of various Shindo items on AG

[kev313]

He did post about it here, quite briefly, before erasing his post. Something about wanting all potential buyers to be screened by Tone Imports. Interesting about the career / disregard for A'gon rules!

[Freestone]

Originally Posted by kev313

He did post about it here, quite briefly, before erasing his post. Something about wanting all potential buyers to be screened by Tone Imports. Interesting about the career / disregard for A'gon rules!

And disregard of state law. Any high bidder can seek recourse. You can easily sue in your home state in small claims court, where the defending party needs to defend there as part of the contract dispute occurred there. And win

If you really want the item at that prive, email him saying you are entitled to purchase the item you bid on. I have his name and contact info.

Remember, a non performing bidder that tries to back out can also be successfully sued. The auction can be structured differently but not a non reserve one as it is binding legally on both parties. On unique items specific performance needs to occur - selling that item.

It is long established contract law dating back to our English roots to protect the sanctity of contracts and is taken seriously by courts.

It is a lesson for everyone in these situations. Make your auction conditional if you mean that.

Florida code (adopted by almost all states identically)

672.328* Sale by auction.--
(1)**In a sale by auction if goods are put up in lots each lot is the subject of a separate sale.
(2)**A sale by auction is complete when the auctioneer so announces by the fall of the hammer or in other customary manner. Where a bid is made while the hammer is falling in acceptance of a prior bid the auctioneer may in his or her discretion reopen the bidding or declare the goods sold under the bid on which the hammer was falling.
(3)**Such a sale is with reserve unless the goods are in explicit terms put up without reserve. In an auction with reserve the auctioneer may withdraw the goods at any time until he or she announces completion of the sale. In an auction without reserve, after the auctioneer calls for bids on an article or lot, that article or lot cannot be withdrawn unless no bid is made within a reasonable time. In either case a bidder may retract his or her bid until the auctioneer's announcement of completion of the sale, but a bidder's retraction does not revive any previous bid.


And the courts have ruled that this is true for online auctions as well.

Audiogon auction rules:

Once you list an item, you are entering into a contract with the high bidder.* You are obligated to sell your item at the high bid price, with the only exception being Reserve Price auctions.* Also, you cannot sell that item to anybody until the end of the auction you started.* If the high bid does not meet your reserve, you are under no obligation to sell.* In all other cases, you are obligated to sell the item to high bidder, and deliver the item within the time period specified.

[Cucumber_Jones]

I am sure he had good financial reason to pull out of the auction. However, IMHO is it ethically and morally wrong.

He emphatically stated in every auction that he was a "Federal Officer" either to garner trust or to scare off scammers. Either way he held himself out as someone who enforced and abides by the law. Generally Officers have a code of ethics that they are expected to adhere to.

Seems like laws and ethics do not apply to the enforcer only to the public.

[Puma Cat]

Just a reminder, guys, that forum rules prohibit the posting of active links to auction sites, including Audiogon.

[kev313]

Well I hoped it worked out for him...he had a nice system.

[omodo]

Originally Posted by xronx

Hmmm over here in Germany you can even close an auction on Ebay with bids already on it.

Actually, eBay has a policy about ending no reserve auctions with less than 12 hours remaining, if there are bids on the item you must sell to the highest bidder

How can I end my listing early?
Wie beende ich mein Angebot vorzeitig?

[Freestone]

Originally Posted by kev313

He did post about it here, quite briefly, before erasing his post. Something about wanting all potential buyers to be screened by Tone Imports. Interesting about the career / disregard for A'gon rules!

Yes - his username here was g-man

[closdesducs]

That's a shame. I was wondering who was the lucky person to acquire those Shindo Valencia speakers. Someone had a bid in before the lot closed.