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Superiors auction rule # 19


This is what Superior says under rule # 19. of live auction bidding. (So basically, if you made a mistake, it would be binding no matter what).

19. SUPERIOR IS NOT RESPONSIBLE FOR ANY ERRORS IN BIDDING. A Bidder should make certain to bid on the correct lot and that the bid is the maximum plus the Buyer's Commission (15% for non-internet bids, 20% for internet bids) that he or she is willing and able to pay. Once the hammer has fallen and the Auctioneer has announced the winning Bidder, the Bidder is unconditionally bound to pay for the lot, even if the Bidder has made a mistake.
Collecting cleaned, scratched, scraped, AT and ugly POS coins for over 2 years now!

Comments

  • Should that apply to them also?
  • That is very interesting. The language in rule #19 is not as friendly as Louis' email. If you wanted to push the issue, it appears you have some grounds to.
  • I replied to his e-mail response with rule #19. I wonder how many collectors made honest mistakes with them, and were allowed no recourse from Superior? Cant wait to hear his response.
    Collecting cleaned, scratched, scraped, AT and ugly POS coins for over 2 years now!
  • airplanenutairplanenut Posts: 22,178 ✭✭✭✭✭
    I've been to an auction--I've seen the bidder correct the auctioneer before the hammer... it just means paying attention.

    That said, this wasn't an auction, it was a fixed price sale. If you see a dealer with a coin on their site for 1/1000 its value, do you hold them to it?
    JK Coin Photography - eBay Consignments | High Quality Photos | LOW Prices | 20% of Consignment Proceeds Go to Pancreatic Cancer Research
  • RRRR Posts: 627 ✭✭✭
    I don't like Superior.
    Don't trust'em.
    Bad experience with those folks.

    RR

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  • CoinHuskerCoinHusker Posts: 5,033 ✭✭✭


    << <i>
    Cant wait to hear his response. >>




    Please post it as soon as you do.


    Other than Rule #19, what are eBay's rules for something like this. What about that little message before you bid about your bid is a contract, binding, etc?
    Collecting coins, medals and currency featuring "The Sower"
  • Yes, please post it when available. I knew someone would press the issue and I am sure others will also.
  • you definitely have a beef. having said this, every coin auction house has the same clause about not errors in bidding, without exception.
    Toreador
  • FrankcoinsFrankcoins Posts: 4,569 ✭✭✭


    << <i>you definitely have a beef. having said this, every coin auction house has the same clause about not errors in bidding, without exception. >>



    And until you pay for the coin and have it in hand, they can cancel the sale.

    22. Superior reserves the right to withdraw any lot at any time, even after the hammer has fallen, until the Bidder has taken physical possession of the lot. No Bidder shall have a right to claim any consequential damages if a lot is withdrawn, even after the auction sale. Auctioneer will have the final discretion to determine the successful bidder, cancel the sale, withdraw the item, or to reoffer and resell the article during or in a future sale or return it to the consignor. If any dispute arises after the sale, the Auctioneer's decision is conclusive.
    Frank Provasek - PCGS Authorized Dealer, Life Member ANA, Member TNA. www.frankcoins.com
  • MikeInFLMikeInFL Posts: 10,188 ✭✭✭✭
    Sounds to me like Superior is a bit hypocritical. Yet another reason I will never bid in one of their auctions.

    Given the interesting terms and conditions of Superior's auctions, I would not hold it against someone who held Superior's feet to the fire on their rececent ebay auctions. It seems only fair....Mike
    Collector of Large Cents, US Type, and modern pocket change.
  • So, let me paraphrase Superior's rules #19 and #22.

    Rule #19--If you make a mistake, you are on the hook

    Rule #22--If Superior makes a mistake, they can back out of any deal they see fit

    Well, just looking at those two rules together, I can safely say those rules suck and stack the deck against bidders. I am waiting for their reply to netrubion, this should show how they handle a little pressure.
  • ShamikaShamika Posts: 18,782 ✭✭✭✭
    This should be interesting.

    Buyer and seller of vintage coin boards!
  • I can't wait to see how this plays out. Definitely going to stay away from Superior with rules like 19 & 22.
  • ColonialCoinUnionColonialCoinUnion Posts: 10,087 ✭✭✭
    This is ridiculous. Superior's rules aren't any different than any other firms in this regard, the ebay listing was obviously an error and your likelihood of 'pressuring' them into honoring the Ebay transaction by sending a copy of an irrelevant rule is zippo.
  • BarndogBarndog Posts: 20,500 ✭✭✭✭✭
    Superior's rules here do not apply. This was not a live auction, this was an ebay auction. Ebay's rules apply. If someone decides to push the issue in court, Superior will have some problems (maybe even win the case, but it will cost them a whole lot of $ to do so).
    This will be fun to watch.
  • SmittysSmittys Posts: 9,876 ✭✭✭✭✭


    << <i>Superior's rules here do not apply. This was not a live auction, this was an ebay auction. Ebay's rules apply. If someone decides to push the issue in court, Superior will have some problems (maybe even win the case, but it will cost them a whole lot of $ to do so).
    This will be fun to watch. >>


    It will cost someone more than Superior.
    It cost money just to start a claim.


  • << <i>

    << <i>Superior's rules here do not apply. This was not a live auction, this was an ebay auction. Ebay's rules apply. If someone decides to push the issue in court, Superior will have some problems (maybe even win the case, but it will cost them a whole lot of $ to do so).
    This will be fun to watch. >>


    It will cost someone more than Superior.
    It cost money just to start a claim. >>



    That may be true, but some eager young lawyer or an older one wanting to brush up on their contract law would probably do it for kicks--even more so if a few of the buyers joined forces.
  • p8ntp8nt Posts: 2,947 ✭✭✭
    How much money are you guys talking about? The 10 items I won are worth more than 20K according the CDN Bid imageimage
  • BarndogBarndog Posts: 20,500 ✭✭✭✭✭


    << <i>That may be true, but some eager young lawyer or an older one wanting to brush up on their contract law would probably do it for kicks--even more so if a few of the buyers joined forces. >>



    There are plenty of attorneys on CU forum who might be part of the group of buyers or willing to give it a try for grins.

    Where's that popcorn-eating emoticon when you need it!?


  • << <i>How much money are you guys talking about? The 10 items I won are worth more than 20K according the CDN Bid imageimage >>



    Well, on a contingency of 1/3, a successful case would net $6,000+ for the attorney just for your items. There are still 48 more items out there.
  • FrankcoinsFrankcoins Posts: 4,569 ✭✭✭


    << <i>I can't wait to see how this plays out. Definitely going to stay away from Superior with rules like 19 & 22. >>



    All auction houses have similar conditions.
    Frank Provasek - PCGS Authorized Dealer, Life Member ANA, Member TNA. www.frankcoins.com


  • << <i>Superior's rules here do not apply. This was not a live auction, this was an ebay auction. Ebay's rules apply. If someone decides to push the issue in court, Superior will have some problems (maybe even win the case, but it will cost them a whole lot of $ to do so).
    This will be fun to watch. >>



    image

    But what is the recourse on an eBay auction? eBay doesn't enforce their rules. My guess the probable outcome would be is some swapping of negs.

    If I only had a dollar for every VAM I have...err...nevermind...I do!! image

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  • BigTomBigTom Posts: 305 ✭✭✭
    I'm not an attorney, but deal with legal/contractual issues in my job. When we present a contract to a sub, if the languange is too lop-sided in our favor AND we don't give the sub an opportunity to negotiate better terms we run a VERY REAL risk of having the contract thrown out should a dispute arise. There is precedence for this, at least in the construction industry. Not sure if that precedence carrys over to the world of auctions though.
  • tradedollarnuttradedollarnut Posts: 20,162 ✭✭✭✭✭
    Somebody got a link to what this discussion is all about?

    There are plenty of attorneys on CU forum who might be part of the group of buyers or willing to give it a try for grins.

    I doubt it.
  • BigTomBigTom Posts: 305 ✭✭✭
    I made my previous post based only on the information in this thread, specifically the conflicting rules of Superior and NOT to the specific $1 ebay issue. That IS a clerical mistake and will most likely allow Superior to win their case if pressed, IMO. BUT, my previous point still stands, if, in the same auction, you won a lot from Superior that they wanted to back out of (for reasons other than a clerical error) and at the same time won a lot from them that you wanted to backed out of, I would think you would have a strong legal position.

    Where's an attorney when you want one?
  • CladiatorCladiator Posts: 18,058 ✭✭✭✭✭
    I don't really care about the coins. I don't want the ones I bought for a buck or the hassles that would come along with getting them and possessing them. I just wanted some free feedback image
  • Take SG to small claims count in your state;No lawyer is needed. And the only fee is for the court fees. Find out what the maxium amount of money you can be awarded in your states small claims court and file for the maxium or the price guide cost for that coin. Let SG spend time and money defending the claim. Bring all the information along and the terms for E-Bay auctions. You should get a claim against SG for breach of contract.


  • << <i>Take SG to small claims count in your state;No lawyer is needed. And the only fee is for the court fees. Find out what the maxium amount of money you can be awarded in your states small claims court and file for the maxium or the price guide cost for that coin. Let SG spend time and money defending the claim. Bring all the information along and the terms for E-Bay auctions. You should get a claim against SG for breach of contract. >>



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