(800) 853-2651
SHOP NOW

auction item pickup

I

INCase

Well-known Member

We're in the process of buying my wife's family's 130 year old farm house/barn/sheds/cribs and a few acres. Hopefully we can close next Monday/Tuesday

during the auction the auctioneer sold the gutter cleaner out of the barn. it wasn't listed but he did anyway.

that was August 7th. it is now 5 months later. I my opinion they are way outside any reasonable timeline to claim their item. The auctioneer wasn't very good and certainly didn't have anything listed for time to remove winning items. As far as i know the bidder has not tried to contact my FIL or wife's uncle to make arrangements. (but that may not be true as dealing with the appraiser for the farm purchase they have been VERY hard for them to get a hold of )

So when it is in my possession i have NO interest in anyone coming in to remove the gutter cleaner. 1, i don't want them damaging the barn or catching anything on fire using torches and 2, more importantly the liability in case they get hurt.

So the question is. without prior announcement at the auction, would they have any leg to stand on if they every came along and wanted to get it? They paid $25 for it if i recall.

Thanks

A local auctioneer here makes you sign a load out agreement before they will let you checkout. they also give a Very short timeline to pick up stuff but will make other arrangements.
 
Three things caught my eye- the 5 months, the $25, and the barn cleaner not being listed but the auctioneer sold it anyway. Realistically what happened is the bidder later decided it was not worth the hassle to get the barn cleaner. Legally, if the buyer does show up, i would direct him to the auctioneer and its the auctioneers problem to solve. Which I believe would be to refund him $25. There could be an arguement for specific performance but by the same token am pretty sure a judge would offset that by the fact the buyer did not show up for 5 or 6 months to get it.
 
At the beginning of every auction I've ever been to, the auctioneer will say something to the effect that ''... all announcements the day of the auction supersede any prior statements and conditions, printed or understood.'' So, unless you or your proxy objected at that time, it was a legitimate sale.

HOWEVER if its been more than say, 30 days past the auction and the buyer hadnt made any previous plans with you to pick it up at a later date, I'd say it is yours now (again?). Nobody would hold auction items so long, nor should they be expected to.
Contact the auctioneer and see if he has or had a time limit for pick-up (Im sure he does), but I doubt whoever bought it plans on coming back at such a late date. If they do, just give them back their 25.oo if you feel generous and explain the farm is now owned by a different entity that bought it ''as is'', including that gutter cleaner.

OR, you could tell him that due to liability issues, it must be removed by a bonded, licensed Gutter Cleaner Remover professional at a substantial cost, and you have been him charging 5.oo a day storage fees since the auction!

Seriously, if its been this long a time, he's not coming back to get it.
 
Most likely he will never be back. If he does most likely he will only want the chain. If that is an issue to you being it has been 5 months just give him his $25 back to be rid of him. Tom
 
Just as you say, "he's not coming back to get it," the guy will show up 3 years down the line and expect to be let in to get his gutter cleaner. That's not even all that unusual.

I had a yard sale a few years ago, and sold a kerosene torpedo heater to some Ukrainian guy on a Friday. He said he would be back in 20 minutes with a trailer to get it. The following Tuesday, he's knocking on my door looking for his heater. Unfortunately for him I sold it to someone else right at the end of the sale, almost two days later. Gave him his money back. He wasn't happy but he said 20 minutes, not next Tuesday.

One auctioneer around here now gives you ONE DAY to get your stuff, unless arrangements are made PRIOR to bidding. Apparently this deadbeat bidder stuff has been a problem.
 
Every auction that I have ever been to states a time for removal. Exceptions such as grain bins or silos have their own auction note which is usually in print ahead of the auction. Usually, readily transportable equipment is given no more than a week and the rest 30 days unless otherwise noted. See if you are not covered by this as it should be easy to obtain the original announcement for the sale. There may even be laws in your state covering your problem. My gut feeling is the buyer bid in the heat of the moment and now realizes he bought a pink elephant so to speak. Call the auctioneer and either have the auctioneer return the money or if that does not go then tell him you will refund the 25 dollars ending the transaction. If it went to small claims a judge with any common sense would say the window has closed on getting the gutter cleaner then it is a matter if reimbursement of the 25 dollars is ordered.
 
I like that idea of licensed and bonded company to remove.

IF (i think is slim) they have any right to the gutter cleaner, being the new owner I have the right to say who how and when it can be removed.


Yeah. i think they forgot it or wrote it off as not worth it. the outside stuff is pretty rusted out and i'm sure the motor is froze up from the weather. Chain and paddles don't look too bad for wear. No clue what brand it was. was red and blue painted if I recall so not a badger unit.

THanks.
 
You didn't mention anything about contacting the auctioneer to see if the buyer contacted them about picking it up. I don't know anything about the laws in your state but I would say for being only a $25 lot they're never coming to get it and if they do like others have said give them the $25 back and tell them sorry.
 
It sounds to me that you bought the property which included the gutter cleaner. Unless the seller (your wives family) told you the gutter cleaner was not included in the sale then it should be yours. If the buyer shows up wanting the cleaner tell him to go talk to the auctioneer.
 
If the buyer comes to get the barn cleaner, you can charge him $25 or more per month storage since it was under cover. If he has a problem call the auctioneer and let him deal with it.
 
good point

I don't recall my Father in law mentioning anyone not paying but you never know. good question to ask. Where is your receipt?
 

that's what i'm thinking too.

they would have had the liability if something happened. now i do and for something i didn't have any advantage in.

which is a good idea from another poster to insist on a licensed/bonded/insured business remove it for him. I'm sure that will end the discussion right away.
 
I have never, not once, seen one of these declarations stating that the buyer forfeits the items if not picked up. They simply say that the buyer has X days to remove things, period. Auctioneers don't want to burn bridges.

In fact at one recent auction the auctioneer said the property was sold and you had X days to remove your purchases, otherwise you would have to deal with the new owner of the property.

In this case the auctioneer did NOT state that the buyer had X days to remove everything, so in reality this guy could show up 20 years from now and demand his gutter cleaner.

The auctioneer is NOT going to deal with it. Once they cut the check for the proceeds of the auction, their legal obligation ended.
 
$25? 5 months ago? Sell it or scrap it. If he shows up, tell him someone picked it up right after the auction. You shouldn't be required to store something unless previous arrangements were made.
 
The auctioneer who does the local yearly consignment sale always states on the bill for that sale a finite pickup date and any items left after that date will be
disposed of at buyer's expense. He had an on-site/online bidding farm estate sale recently where he included the same statement on the bill. It seems since
online bidding became more common, the problem of no-pay, no-removal has gotten worse.
 

yeah that's what I'm afraid of. which is why i posted this here figuring someone may have had a similar situation being lots of auction goers and farmers.

The auctioneer is an old timer that is slowly working his way out of the business but is still does auctions as the main auctioneer. however in my opinion he was NOT a good auctioneer. poorly advertised and not run the best. so point being that he probably made no announcement on item removal.

on the other hand i doubt if someone pushed it that a court would say you have unlimited time to get stuff. there has to be some reasonable limit. I think that is 60-90 days personally. I cannot easily find something on Ohio law about it.

but.. again as the owner i can say when and who and hwo it is removed therefore it will need to be professionally done by a business with insurance to remove it at the bidders expense. that will cost more than its worth. there was little to no scrap there so i don't think is was a scrap business that bought it. Storage costs even at $5/day after closing would be a deterrent as well. there was no mention of others property in the purchase agreement and it was sold as is.
 
What should be and what is are usually two different things.

I can really see where someone would say, "I bought it and I paid for it. There was nothing saying I had to have it out of here, so it still belongs to me. I want it now. It does not matter why I did not come and get it before. What matters is I am here now and I want it. I will make your life a living hell until I get it."
 
most auctions have a sign or notice that says you are responsible for items you had the winning bid for some times its even printed on your bid number card.

this auctioneer had nothing like that. not a very professional outfit. not really and outfit. just one old timer and a couple guys that help him.
 
(quoted from post at 09:43:05 12/22/21) most auctions have a sign or notice that says you are responsible for items you had the winning bid for some times its even printed on your bid number card.

this auctioneer had nothing like that. not a very professional outfit. not really and outfit. just one old timer and a couple guys that help him.
Click to expand...

Yup, and you can't legally change the terms of the sale. You can't charge $5/day storage. You can't demand that whoever removes it is licensed and insured.

This is because that gutter cleaner never belonged to you. It belonged to the estate, then to the bidder that bought it and paid for it.

Your only hope is any "abandoned property" laws that may be on the books in your state, county, and/or town. Those may allow you to charge a storage fee, but only AFTER you gain legal title to the property. Those may place a time limit on how long before something is declared "abandoned" and becomes the property of the landowner.
 
Kind of had the same situation here in Minnesota. Neighbor had an auction end of August and a fuel barrel was bought but never picked up after the auction. Ive been helping out with the estate and noticed the fuel barrel was still there. Questioned the people in charge of the estate and they said they would check with the auctioneer. After checking with the auctioneer he said take the fuel barrel. The winning bidder had his time to get it out of there. Guess I see it as your responsible for your items after being the winning bidder. If you dont want the barn cleaner in the barn anymore I would make it disappear and if he comes back for it someday too bad so sad he had his chance.
 
I understand your points but kinda disagree on this one.

Its not just a tool or wagon or something sitting around waiting to be picked up. It has to be uninstalled from the building. That is where the property owner's rights should come into play. Yes. he may have legal claim to it. but. he cannot just come in and get it.

I suspect if i demand to see proof of purchase/receipt that may end it as well. If he has no proof he has no right to it.

Of course i'm worrring a bit about something that hasn't happened yet but want to be prepared in case it does.
 
Some of you guys must watch too much court TV? LOL.

When I sold out almost 50 years ago there was 3 large but cheap items that never left. After a week I called the auctioneer and got the buyer information from him, called them a gave them 2 days to get their stuff off my property or forefet it. None did.

A. The auctioneer has records of who bought it. Call him and get the info. I would give them just a few days.
B. Never seen an auction that didnt have a removal deadline.
C. Do you realy think the buyer is going to litigation over $25???
D. If he come on your property now he is tresspassing.
E If none of the above suits you remove it from the barn and pile it up somewhere out of your way and when your done being worried about getting sued then haul it away for scrap.
 
Lots of great advice, most of it from people who think they know what the rules might be but wouldn't put down $5 on a bet that they're correct. Me included ...... so you don't need my advice for sure on what the auction and pickup rules are. The thing I would be concerned with is who the person is that won the bid. If for example he hasn't been stabbed with with the V-word, then you might be dealing with someone who is a bit unbalanced. Just my opinion of course, others might disagree. Good luck with whatever you decide to do.
 


If I was the new property owner, as far as I am concerned, once the property sale has closed and I am the owner everything on the place now belongs to me.

When the sale closes, I say it's yours now to do what you wish with it.

[b:ad30433af6]DISCLAIMER:[/b:ad30433af6] I'm not a lawyer and have no idea if what I proposed above is in fact legal but that's how I would proceed.

Personally, although not an auction, I sold an old tractor to a guy 5 years ago in June. He paid me cash on the spot and said he'd pick it up next week.

6 months go by and it's still here. I know the guy and call him. Yep, I'll get it next week.

Next June it's still here. Call him. Yep, be there on the weekend.

Called him every 6 months or so, same result.

Called him in October this year and said. Come get it now or I'm taking it back for storage fees. He said it's yours.

People are strange.
 
As new owner, i would consider anything not specifically exempted in writing to be mine. Now since I am a nice guy, if the buyer of the cleaner showed up, I would offer to refund him his $25. As that is all he could really claim in damages. I know I would have no legal obligation to do so, but for $25 i wouldnt sweat over it.

When we bought our place, the owners son had some stuff stored in the outbuildings. Just told them to consolidate it to one building, and put a tag on the stuff they wanted, it was middle of winter, gave them till late spring to move it. After a year, there were a few items left, i did as i wished with them. Have never heard from the son about any of it.
 
Don't worry about it until YOU take possession of property. Then apply no trespassing laws, rules, and regulations. It's not your responsibility to notify the buyer of that item to have that item removed from property by such and such date. That's the responsibility of the seller of property. UNLESS you have some sort of agreement with seller of property that the item can remain past possession date, and be picked up at a later time.
If you go with the no trespassing route, you could also play stupid, let on that the item wasn't there (stolen) when you took possession of property. If buyer of that item is not allowed on your property or in the building, how could they prove otherwise. Be your word against thiers. They likely not going to raise much stink over a $25 item. As in sue ya or anything. But the best civil thing to do, would be to admit its still there, that you rather just keep it, pay them $35 to just forget about it and go away. Unless, for some reason you don't think they would go for that.
If they haven't gotten it by now, chances are they either forgot about it, or decided that they would not bother about getting it anyways.
 
buyer is responsible to auctioneer not the previous owner. That is the reason you get an auctioneer and don't sell yourself. Most places say 30 days or you forfeit your purchase.
I believe I was told once by an auctioneer that even once paid for max is 6 months to lay claim to it. After that it becomes the owner of whose property it sits on. I sure would not worry about it and do as I like with it once I owned the property. take out what is easy if you want it out and pour the gutters full of sand and concrete over top and done deal
 

See if you can find anyone that has bought anything at auction conducted by that auctioneer/company.
Ask them if they have a receipt for what they bought.
Many times there will be fine print about removal of items.
 
In this day and age auctioneers have in the ad for a sale the time for removal. I would start there then if there is something conclusive that works against you then worry about it. If the ad says items must be removed the same day as sale or no later than one week after the sale then you are covered. Even if there was an item such as a grain bin with the stipulation that the buyer has 30 days that has NO bearing on the rest of the items. There must be some copy of the ad with the auctioneer or in a newspaper to check out. If it is bugging you that much then contact the auctioneer specifically to find out that buyer's name and contact info. Then decide if you want to make an ultimatum or not. Really the responsibility rests with the owner of the property at the time of the sale. As said before if it went to small claims court the buyer of the gutter would not have much to stand on other than perhaps getting his 25 dollars back. Depends on how big a jerk they want to be about it.
 
Hook a chain onto it and drag it out and leave it in the weeds for a year. If he don't show up, scrap it.
 
He was going to cut it up for scrap. No judge is going to tell you that is t not yours the day you bought the place. Is anybody going to hire an attorney for $25.00? it's yours.
 
This happened 50 years ago. Bought this place and there was some old machinery left. Three years later the previous owner's son-in-law calls me and said I left two JD plows there and would like to come and get them. Just told him they have been gone for a long time. Never heard any more out of him.
 
(quoted from post at 10:14:18 12/22/21)A. The auctioneer has records of who bought it. Call him and get the info. I would give them just a few days.
B. Never seen an auction that didnt have a removal deadline.
C. Do you realy think the buyer is going to litigation over $25???
D. If he come on your property now he is tresspassing.
E If none of the above suits you remove it from the barn and pile it up somewhere out of your way and when your done being worried about getting sued then haul it away for scrap.
Click to expand...

We've already established there was no removal deadline.

Do I really think the buyer is going to litigation over $25? Yup. It would be just my luck the buyer would be one of those guys with "principles." It's not about the money. It's about, "What's mine is mine. The world revolves around me. Your inconvenience is irrelevant. I bought it. I paid for it. It's mine."

We live in a world of empowered crazies. The crazies were always there but now they know they can make your life a living hell if they feel you've wronged them.

Trespassing is a joke. Most law enforcement won't enforce it. You say someone is on your property trespassing, and IF they show up, you'll be lucky if YOU don't end up in handcuffs.

This post was edited by BarnyardEngineering on 12/23/2021 at 05:02 am.
 
Or also any other parts as he may have just wanted a small part to repair his and that is why he asked the auctioner to sell something that was bolted down and not listed for sale to start with and auctioner should have said talk to owners first and if I get the OK then I will sell it. But as it is permantly installed it is the same as if he had gotten the auctioner to sell the complete barn without the owners aprovel before the auction.
 
Leroy, the main value in an old barn cleaner is the heavy steel chain. That part is easy to remove. If the gutter cleaner runs you just park your truck/trailer under the chute, take the chain apart, and run it out. If they want the powerhead, once the chain is in the truck, a few minutes with a pry bar, and so is the powerhead. You can just slide them off the end of the chute and let them fall into the truck. Nothing "bolted down" or "permanent" about it.

I don't care if there wasn't much scrap, scrappers ALWAYS show up at these old farm auctions and buy up anything that sells cheap.

Unfortunately I do not have a comfortable solution to this problem. Odds are slim the buyer will ever show, but that only happens to everyone else. If it were me, the buyer would show up the day after I closed on the place. I'd tell him to beat it, and he'd be back in an hour with a well-dressed lawyer pointing out all the technicalities discussed above. Yes, over $25.

This is really a cautionary tale to make sure you cross your I's and dot your T's when you set up a sale. Give them X days to get it out, or they forfeit their purchase, incur storage charges, or however you want to work it. JUST MAKE SURE IT IS ALL LAID OUT FOR THE BUYER BEFORE BIDDING STARTS. This is the auctioneer's job, but it's your job to make sure they're doing their job.
 
You must log in or register to reply here.

Similar threads

R
About live/online auctions?
2
Replies
26
Views
2K
johnofnewhaven
J
rockyridgefarm
I heard an item on an online auction sell to
Replies
7
Views
735
larbear
L
I
auction results
Replies
6
Views
1K
RESLLS
R
I
old buildings
Replies
16
Views
2K
Chester5731
C
R
Unbelievable auction
Replies
1
Views
653
used red MN
U
Tractor Parts Tractor Manuals

We sell tractor parts! We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today.

Copyright © 1997-2024 Yesterday's Tractor Co.

All Rights Reserved. Reproduction of any part of this website, including design and content, without written permission is strictly prohibited. Trade Marks and Trade Names contained and used in this Website are those of others, and are used in this Website in a descriptive sense to refer to the products of others. Use of this Web site constitutes acceptance of our User Agreement and Privacy Policy TRADEMARK DISCLAIMER: Tradenames and Trademarks referred to within Yesterday's Tractor Co. products and within the Yesterday's Tractor Co. websites are the property of their respective trademark holders. None of these trademark holders are affiliated with Yesterday's Tractor Co., our products, or our website nor are we sponsored by them. John Deere and its logos are the registered trademarks of the John Deere Corporation. Agco, Agco Allis, White, Massey Ferguson and their logos are the registered trademarks of AGCO Corporation. Case, Case-IH, Farmall, International Harvester, New Holland and their logos are registered trademarks of CNH Global N.V.

Yesterday's Tractors - Antique Tractor Headquarters
Website Accessibility Policy

Back
Top