Auction goods not in possession of seller

[Muffuah]

All parties in Maryland...

I bought several items from an online auction (not eBay). The auction was advertised to be an “Absolute” auction, meaning that all items were to be sold regardless of the amount of the final winning bid. The auction was held for a leasing company and one of the items I won (a large copier), as it turns out, wasn’t collected from the person to whom it was leased. That person, as the story goes, doesn’t want to return the copier now. The auction house and leasing company just want to return the money I paid for it.

My view is that I had the winning bid, I paid for the copier and therefore I own it. Now, as I see it, the leasing company wants me to sell it back to them for what I paid for it. I don’t want to.
The story might very well be true, but I have a sneaking suspicion that I’m not getting the copier because the winning bid was so low (it’s easily worth six times what I paid for it).

Assuming that I’m right in believing that I legally own the copier, might it be possible to threaten criminal prosecution as a means of convincing the man to return the copier? One problem there is that the leasing company says that they can’t tell me who leased the copier, which I understand, but is this true? If it is true, might I expect to (legally) force them to share the person’s identity and location? Should it become necessary to pursue this, who should I sue? Are any of the players in this scenario in criminal jeopardy?

While I would like to get an opinion of my legal standing in this matter, I am also curious as to what other practical remedies I might pursue. …feel free to answer any questions you think I SHOULD have asked here, too.

 

[Mass_Shyster]

Assuming that I’m right in believing that I legally own the copier, might it be possible to threaten criminal prosecution as a means of convincing the man to return the copier? One problem there is that the leasing company says that they can’t tell me who leased the copier, which I understand, but is this true? If it is true, might I expect to (legally) force them to share the person’s identity and location? Should it become necessary to pursue this, who should I sue? Are any of the players in this scenario in criminal jeopardy?

You don't legally own the copier, as the auction house had no ownership interest to sell you. There is nothing criminal going on, unless someone decides that this is happening too frequently and investigates fraud charges. One instance is not enough.

Under contract law, you are entitled to the copier. You can sue for the actual value, which you claim is six times what you paid. The seller can easily show that the item sold at auction for exactly what you paid for it, making the actual value exactly what you paid. The finder of fact (judge, jury, magistrate) will determine the 'actual' damages.

Several remedies are available under contract law. One is rescission, which will put the parties back into the position they were in before the contract took place. Another is expectancy damages, putting the parties into the place they would have been had the contract gone through.

I've done a fair amount of research, and have not found any instance in the US where expectancy damages were awarded for an on-line auction breach of contract.

Short answer: Take the refund.