News About Auctions That Will Affect All Of Us

[RichardSimon]

Plaintiff had $24,000 in damages and was suing for 7 million.


Court below said:


The only remedy available to him thereunder would be a refund of the sale price(s) upon return of the item(s), a limitation generally permissible in contracts for the sale of goods (see UCC 2-719[1][a]).

[Leon]

Originally Posted by RichardSimon

Plaintiff had $24,000 in damages and was suing for 7 million.


Court below said:


The only remedy available to him thereunder would be a refund of the sale price(s) upon return of the item(s), a limitation generally permissible in contracts for the sale of goods (see UCC 2-719[1][a]).

He should have only asked for 6 million . Seriously, I could see a refund, and a little bit for your troubles, but it's probably a good thing this guy didn't win 7 million. Just my opinion....

[Rob D.]

Unless sometime in the future I plan to sue for punitive damages that are nearly 300 times the amount of money I feel I was cheated out of, I'm not sure how this affects me.

[D. Bergin]

I wouldn't mind being emotionally disturbed and embarrassed by Bret Spiner for a cool $7 Mill.

[mr2686]

Doesn't this end up being a wording issue? I mean, if the auction house says that they believe this was used in the show but is being sold as is, well then the buyer beware. But if they say it was used on the show and is being sold as is, doesn't the as is indicate the condition of the item?

[drc]

'Sold as is' typically applies to condition and working order, not overall identity/authenticity. If a car dealer sells you a used Volkswagon 'as is' and ships you a tricycle, obviously you are legally entitled to your money back. The phrase 'Sold as is' does legally cover some things, but doesn't allow a seller or auctioneer to perform false or deceptive advertising. Tacking the phrase at the bottom of your descriptions won't allow you tell sell forged Babe Ruth baseballs on eBay.

A good example of memorabilia 'as is' is an advertised original antique poster that is still sealed in the original frame and glass. The seller may say he hasn't removed the poster from the frame so he doesn't know and can't guarantee the condition of the edges and back. The 'as is'applies to the unknown condition. If the poster itself turned out to be a modern reprint, the seller would have to give a refund as he advertised it as original.

[Abravefan11]

Over the years I've seen several listings outed on this board as not being what the auction house represented them to be. If this case had gone the other way, some of you could have been on easy street in the near future.