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A friend of mine recently won a very nice Model 1890 rifle from an Auction up North. The gun arrived the other day and showing no damage to the outside of the shipping box he proceeded to un package it. The photos show what he discovered when the bubble wrap was taken off. It appears that there was water on the bubble wrap when the gun was packaged. The auction house at first did not want to do anything but after some discussion they agreed to refund him $150.00. The gun cleaned up but still it shows some damage.
My question is what would you have done, (1) Ask for compensation?
(2) Ask for a complete refund?
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I’d push for a full refund and cancel the sale. The agreement was for a rifle as described in the auction. Where did the description state rust as part of the sale? Here are some things to think about:
Did he pay the auction house to pack and ship or was it paid to a 3rd party shipper that came in and did the work? If he pd the auction house, he might have a reasonable claim. If a 3rd party shipper, he might be out of luck.
Does your friend have a previous history (good or bad) with the auction house? Any relationship as a previous customer he can leverage?
What are the terms/conditions of sale? Into which jurisdiction is he bound if a dispute arises? Is that a convenient jurisdiction for him?
How far is he willing to go? An auction house is totally scared of losing a judgment like this (whether in courts or arbitration) with the fear of it being public. So they will put up an initial fight to discourage claims. Then once they see you are serious they usually offer a confidential settlement. It takes perseverance and a willingness to stick through the process AND be willing to lose as well – those terms/conditions are clearly written in the auction house’s favor.
I would document all conversations, names, dates, times, a pics of the rifle as he already did. You never know when info like that comes in useful. My two cents.
Really slopping packing. I would likely send it back as it is not in the condition it was in when I won the auction.
JWM94 said
I sure hope the name of the auction house is revealed.James
No need to reveal it. From the photos, simply type in "Winchester 1890 667042" into the Yahoo search engine. You will see an auction house listed, go to lot 372, and, there it is!
Here is the original listing:
372 – Winchester 90 .22 WRF Mfg 1925,lots of original blue,tang sight,walnut stock Inv # 468K Serial # 667042 Action: Rifle
You have seen the ‘after’ pictures; you can even see the ‘before’ pictures on the auction house’s website. Hint: It’s in Mattoon, IL.
I didn’t reveal the Auction house as I felt it wasn’t necessary as the problem was resolved. They did agreed to a full refund or compensate the buyer. My question was only around "What would you do?" They did recognize that there was a problem after being presented with the photos.
I was not trying to discredit the Auction house.
You have seen the ‘after’ pictures; you can even see the ‘before’ pictures on the auction house’s website. Hint: It’s in Mattoon, IL.
O.T. Slid across a little bridge at a 45 degree angle on 57 right before Mattoon once driving a one ton dually with gooseneck and a stacked trailer. Recovered without incident luckily and within a quarter mile there were cars off the road everywhere. Stayed over in Mattoon. I’ll take the snow over freezing rain anyday.
Brad
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