Auction Help!

I was at a little mom and pop auction last Saturday and won a Hardinge DV-59 lathe loaded with tooling for $200.00, that was including their 5 percent buyer’s premium!

I had talked to the owner of the shop and made arrangements to pickup the machine on this Saturday, when I called today he informed me that the landlord changed the locks on the doors and would not let anybody in unless they pay $1500.00 for rent!

I need some advice on who to try and get my money back from and what legal recourse I may have if being a nice guy doesn’t work.

I was smart enough to get all the tooling off the machine after the auction ended, (I’ve had items come up missing under the watchful eyes of auctioneers in the past), but that still doesn’t help as I have the tooling and no machine.

Please any advice would be appreciated, thanks Kevin.

You might try getting ahold of the police dept and see if there is any thing they can help you with. It sounds like the guy with the keys is holding property with out leagal grounds.
Even if he is evicting you I dont think he can prevent you form getting your stuff or holding it hostage.in Washinton if they evict they have to remove the property from the building, and can not sell or any thing like that.

I'm curious what the auction company itself has to say about all this. Seems they would be the one's responsible to pay the 1500 bucks. If not, the least they could do is hand over the list of who has what remaining in the building so you could all get together and chip in for the rent...assuming no more than 100 bucks each that might be the least hassel way to end it.

If none of that works and the building owner is still unretractable, the police do no good, well not sure what I'd do...depends on the value of what I bought and how badly I wanted it. If I had spent a few thousand and the items were worth ten thousand, hell, I'd break into the friggin building and take *MY* stuff if it came to it. Can't recommend that, pretty risky of course.

I'd go down there and have a peek in a window to make sure your lathe is still there.

Try and find out who owns the place and give them a call, I bet they really will let you in.

If it came down to it I'd break in , maybe..

I believe this is refered to as " an unlawful detainer" and the person who is not allowing you reasonable access to your legal property MAY be held libel to any costs you may incure in procurring them . . or re-imbersement of the ACTUAL replacement cost of a similar item. . small claims court stuff, but if the property owner is aware you will pursue this legally, he may want to take the easy way out before you get nasty . . . I think I'd refer this to the auction company first . . If they refuse help, then they are in legal problems also . . . what were the terms of the auction and allowable pick up as listed in the auction instructions . . . the auction company is responsible to State controls also

[This message has been edited by ZMAN92020 (edited 07-03-2004).]

Send them a bill for use of the lathe. Make it $1500.

I saw a situation where someone had stored about 100 old cars in a building and had not paid rent for several years. The landlord of course would not let him take his stuff with out paying, he showed up with the sheriff and about 20 drivers and the landlord called the city police and there was a standoff, but in the end the city police made the landlord let the guy take cars. a bit tense for a while. I would imagne he had a court order to get the sheriff there..

I believe that evictions and such as this are carried out by the sheriff. talk to them instead of the city police. Small claims court ,in California, is not much help because law enforcment is not obligated to enforce any payment orders. Might be different since you want return of physical property which they are in position of.
Bill D

In 1967-70 era we used to see a steam locomotive in the Chicago & Western Indiana 47th Street roundhouse when we doubled cars back into the 51st Street Erie yards in Chicago. It got cut up in a dispute over rent. This is the story of two destroyed steamers.

<A HREF="http://www.steamlocomotive.com/union/gtw5629-destroyed8-87.jpg" TARGET=_blank>Landlord destroys steam locomotive -GTW5629
</A>


Click to View -> The Story of CB&Q 4960, 4963, 5632 and GTW 5629


[This message has been edited by dephenicie (edited 07-04-2004).]

Problem solved!
I received a refund from the credit card company.
I've yet to receive a phone call from the owner or auctioneer.
I would still like the machines but oh well.
I'm going to be listing all the tooling on E-bay soon if anyone is interested.
Thanks for all the responses, Kevin.