Re: Anyone know anything about the two LS-6 CVs at BJ *DELETED*
My post wasn't intended to imply BJ doesn't stand behind the cars that run through their auctions but rather to illustrate that contractually it is purely a discretionary gesture on their part.
The scenario Colin presented is the doomsday scenario for any muscle car buyer. Whether the seller is a dealer, private or auction house is irrelevant. A car looks on its face to be prefectly legitimate. It has all the proper docs, date codes and stamps. However someone not a party to the transaction invariably comes forward and claims to have "inside" negative information regarding the car. In this situation absent any actual verifiable evidence I don't believe any good faith seller or consignor is under any obligation legally or ethically to do anything?
However in my humble opinion a seller or consignor who is informed by the buyer with verifiable and objective evidence of fraud such as PHS docs for example or a marti report that clearly shows the car is not what it is represented to be should take some immediate action to resolve the issue. In the case of an auction house consignor I think if the money has not been disbursed to the seller it should immediately refund the purchase money to the buyer and have the seller take the car back. If the seller has been paid already I think the auction house should send out a demand letter asking for the money back and demand the seller take the car back. This would be a form of assisting the buyer and standing behind the car as much as possible. I really think that is all they can do in the situation where the money is gone?
Where I have an issue with auctions is with phantom bidders for one and secondly where a car is clearly proven to be misrepresented and the auction house tells the buyer to pound sand.
The grey area is always what constitutes reliable evidence of fraud or misrepresentation and also whether the current seller knew or should have known of the problems. Many a seller has know idea what they bought is a clone when they run it through the auction or sell it privately.
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