Auctioneer took advantage of me?

[dosu761]

What is the name of your state (only U.S. law)? Ohio

My husband passed away on 8/18/10. We had no insurance, so I did a whole house auction to pay for his funeral. I believe the auctioneer that I had took advantage of me and my situation. I many issues with things that happened before, during and after the auction. After all is said and done, I may have enough money for the funeral costs. I am calling the auctioneers commission tomorrow but I don't think they will help me. Can I sue him for what he has put me thru and done to me

 

[Isis1]

Could you be a bit more specific?

 

[dosu761]

Auctioneer take advantage of me

I wanted reserves placed on items but he told me no. He sold items that was told not to sell. He did not sell items that were supposed to sell. Paint was tracked all over the driveway and some in my house. He told buyers that an agent would be out to verify their purchases but did not. I had a couple taking property that belonged to me. When I called, very upset, he did nothing to help. He left trash that I had to clean up. I was next door at the my neighbors while the auction was going on and when it was done he just left. I knew nothing of what was sold or how much, nothing , no contact. I never received a copy of the contract that I signed until I had to go and get it from him, over 3 weeks later. Numerous charges that I requested copies of what he was billed, never got. Settlement page that I never got.

 

[Proserpina]

I wanted reserves placed on items but he told me no. He sold items that was told not to sell. He did not sell items that were supposed to sell. Paint was tracked all over the driveway and some in my house. He told buyers that an agent would be out to verify their purchases but did not. I had a couple taking property that belonged to me. When I called, very upset, he did nothing to help. He left trash that I had to clean up. I was next door at the my neighbors while the auction was going on and when it was done he just left. I knew nothing of what was sold or how much, nothing , no contact. I never received a copy of the contract that I signed until I had to go and get it from him, over 3 weeks later. Numerous charges that I requested copies of what he was billed, never got. Settlement page that I never got.

So what DID you agree to?

What did you have in writing?

 

[dosu761]

I agreed to what he told me and I signed his contract.

 

[Rexlan]

Unfortunately that's the end of the story then. If you agreed and signed the contract then simply read it and you have all of your answers.

It seems from what you have said that you did not pay attention to what was going on and decided to not even be present. It is difficult to object at this late date.

 

[Proserpina]

Unfortunately that's the end of the story then. If you agreed and signed the contract then simply read it and you have all of your answers.

It seems from what you have said that you did not pay attention to what was going on and decided to not even be present. It is difficult to object at this late date.

Agreed.

Though it's not uncommon for the owner to be absent during an estate sale, they still have a duty to review thoroughly any and all contracts or other documents which require their signature.

If they're not sure, they need to run things by an attorney before signing.

I'd never recommend a seller be absent though - no matter how stressful the day might be (and it can be extremely stressful; I know this). Being present can eliminate many problems.