Bridgeport,Ne Auction

Anonymous-0

Well-known Member
Info straight from Kruse Int'l re: auction. There is a 10% buyer's premium, 5.5% sales tax collected (unless you have tax ID)and the $10 admission fee (or your $20 catalog purchased prior to the sale). No fee to park, pee, reserve loading time or actual loading. There will be privateers there who will load for a fee if you're in a hurry. Buyer's have 30 days to remove property from the site, not 24 hours. They are reluctant to say who the actual seller is for this auction, only that it is one guy and it's not Dennis Polk.
 
I am not surprised that they are reluctant to say who the seller is...from what I have heard it is either them or Dennis Polk. I would also take everything they tell you verbally or via e-mail with a grain of salt. Just check out the fine print in their general "Terms and Conditions of Bidding" as well as the terms and conditions linked through one of the Gary Philips Estate Auction pages. Oh yeah and you forgot the $500 deposit required before bidding even begins if you want to pay cash for anything.
 
been to a kruse sale in okc ok and like the sale bill says all announcements made the day of auction take pecedence over anything written or implied ones thay get you there thing will go down hill form there you drive 200 or 400 mi to get there and thay now that and thay make the rules that you have to go by like it or not thay are the boss and they want your green backs
 
Here are the general terms and conditions, as copied right from the Kruse website. I found #3 to be particularly interesting...

1. All articles are sold "AS IS WHERE IS" and with no warranties or guaranties of any type either expressed or implied made by Kruse, Inc., dba Kruse International, hereinafter called "Kruse". Any warranties made by the Seller must be in writing on an instrument separate from the Purchase Invoice and Bill of Sale and signed by both the Buyer and the Seller. In no event shall Kruse, the auctioneer, any employee, agent or associate of Kruse be responsible or liable for such warranties, guarantees or the geniuses or description of any article offered for sale.

2. All statements printed in Kruse catalogues, ads, brochures, signs and car cards as well as verbal statements made by the auctioneer or staff, have come from the Seller and are accepted as reliable. Kruse assumes no responsibility or liability for representations made by Sellers and shall have no obligation to verify or authenticate such statements or claims. Any announcements made sale day supersede printed information in the catalogues, ads, brochures, signs and car cards.

3. Unless the sale of an article is advertised or announced to be otherwise, each lot is offered subject to the reserve price of the Seller. When an article is sold with reserve, the auctioneer may bid on the Seller's behalf in an amount not to exceed the reserve price.

4. Payment of funds due Buyer from any other transaction may, at Kruse's discretion, be withheld from Buyer and applied to other purchases made by Buyer. Payment shall be made directly to the Seller from the Buyer the same day as the sale within one hour of the purchase by the Buyer. All payments must be made with good funds which are defined as cash, cashier's checks, traveler's checks or personal/company check backed by an irrevocable bank letter of guarantee stating the amount to be honored by the bank. Drafts are not acceptable. No article can be removed from the premises before making settlement. Title for any titled article purchased may be withheld until Buyer's funds clear the Seller's or Kruse's bank account. All cash payments will be reported to the Federal Government subject to applicable law.

5. All articles shall be removed from the sale area by the Buyer at Buyer's expense immediately following the sale, and if not so removed, Kruse may remove the article with all costs of moving and storage to paid by the Buyer.

6. If any of the terms of sale contained herein, or in any instrument collateral hereto, are not complied with by the Buyer, in addition to other remedies available by law to Kruse and/or the Seller (including the right to hold the Buyer liable for the bid price), Kruse and/or Seller at its option may do either of the following: (1) Cancel the sale and retain as liquidated damages all payments made by the Buyer, or (2) resell the article on 5 days written notice to the Buyer at a private or public sale for the account of and at the risk of the Buyer, and in such event the Buyer shall be liable for any deficiency plus all costs for such reselling, including moving and storage and the entry fees and commissions for both the first and second sale and all reasonable attorney fees and court cost incurred.

7. All terms of sale posted on the auction premises, printed in sale brochures, forms, signs, publicly announced, or otherwise published are incorporated herein by reference.

8. If any check given in payment is dishonored for any reason (including but not limited to insufficient funds, stop payment or the like), Buyer agrees, whether such check is signed by Buyer as maker or endorser, that if such check is placed in the hands of an attorney for collection, to pay all reasonable attorney fees incurred, together with all court costs and associated expenses in the event suit is instituted.

9. If Buyer sues Kruse and does not prevail, Buyer will reimburse Kruse for all reasonable legal fees and expenses connected with such suit.

10. Buyer shall pay all city and state sales, use and other taxes assessed, due to or resulting form Buyer's failure to qualify as exempt from such taxes. Buyer also agrees to pay theBuyer's Premium and other any applicable fees.
 
THERE YOU GO...FINALLY SOMEONE BROUGHT UP DENNIS POLKS NAME...THAT IS WHY HE SOLD HIS SALVAGE YARD AND GOT ENOUGH MONEY TO BUY GARY'S YARD WITH KRUSE.I WAS TOLD THIS THE END OF NOVEMBER AT A SALE IN TAYLORSVILLE ILL.THIS PERSON WAS TAKING THEM(POLK,KRUSE AND SOMEONE ELSE HE WOULD NOT SAY)TO COURT AND IT IS FINALLY COMING OUT.I'M GOING,BUT I WILL BE CAREFUL NOT TO GO TOO HIGH.YOU KNOW,,,,YOU STILL HAVE TO GO TO ONE OF THE BIGGEST SALES EVER..
 
Yeah, I wondered about that too.

9. If Buyer sues Kruse and does not prevail, Buyer will reimburse Kruse for all reasonable legal fees and expenses connected with such suit.


I don't see where that would be enforceable for one thing. I don't know of any "loser pays" situations before. For another, I have never seen a company take a pre-emptive position like that. It tells you a lot about the character of the company.
 
Why would you want to go to sale being done by someone with a reputation as a shyster? Why feed into their greedy pockets? We have an auctioneer up here that has his own sales yard for a few sales a year. If you have a reserve amount and it isn't reached, no charges at all to you. He wants you to bring your stuff to sell but if no one wants to pay your price, all your out is your time to take it there. A little better business practice than Kruse's I think?
 
They put in number 9 to scare off the little guys. It wouldn't be enforced in court, but most people would see that and be afraid to sue.
 
You think these terms and conditions are fishy? You should see the ones linked through the actual auction page itself, kind of the ones specific to this auction. I am trying to find them to post right now, but can't for the life of me remember how I got to them before....they don't exactly put them out in the open for you to see...
 
Yes it has, but it's getting a bit repetitive. Seems like every other day someone brings it up, and often it is something that has already been debated.

Wow I didn't know the $10 fee was PER DAY. That means if you go to all 7 days you will have lost $70 in entrance fees alone!
 
Yea, the ad was in the March issue of Acreage Magazine. I don't
know where that one comes from but I get it free. It says
"Admission $10 daily, 15% buyers premium for items $500 or less."
So even a $500 parts tractor costs you $575 plus tax.
 
It's called an "attorney's fee clause", and its common in contracts. Its actually kind of a good thing, as it tends to discourage frivolous lawsuits on the one hand, and gives a poor person a chance to defend against against bullying by a big outfit, if his case is good. Despite being written in Kruse's favor, court will always convert it into a bilateral clause- Loser pays, whether its Kruse or their opponent.
 
So what? If you go to a professional sports event 7 days running, you will pay admission 7 times. The same at any amusement park.$10 for a day's entertainment is not bad by comparison to other venues, IMHO.
 
This isn't a professional sporting event. It's an auction. An auction is a form of shopping. You browse through the inventory and purchase the goods that you want or need, the same as going to your local Wal-Mart or whatever. Now tell me, everytime you went to your local store, would you pay a $10 admission fee just for the right to enter and browse the inventory? I think not.
 
"So what? If you go to a professional sports event 7 days running, you will pay admission 7 times. The same at any amusement park.$10 for a day's entertainment is not bad by comparison to other venues, IMHO"

Do you know any other place that sells product that charges you to come in and buy it?

Does the John Deere dealer charge admission for you to look at a combine?
 
A lot of people go to a lot of auctions without having the slightest intention of buying...and this one will be no different. I find it strange that there is so much dialogue about this event. Anyone who REALLY wants to purchase an item at this sale will pay the $10., some who just wish to browse WILL pay the $10 and others will choose to stay away. I just don't understand why this is being rehashed so often on here.








































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A lot of people go to a store or to a tractor dealership or whatever without having the slightest intention of buying. Yet they are not charged an entrance fee. Why should it be any different for an auction? It's the same principle. If you're dumb enough to pay every time you go into a store, please come shopping in my area :D !

And it's not just the $10 admission fee that is creating so much discussion and the boycott of this auction by myself and many others...it is after all one of the biggest tractor auctions ever. Plus if you read the other posts about this auction you will discover the long list of fees, taxes, and premiums, as well as the somewhat unfavourable reputation of Kruse. Heck they won't even tell us who the seller is. This whole auction is one big scam/extortion scheme.
 
Here's a link to the auction site for those of you who want to know what's going on.

http://realty.kruseinternational.com/kruse/real_estate_auctions/RealtyAuction_view.cfm?RealtyAuction_ID=1055

Also, here's a site for great tractor parts.

http://www.external_link.com
 
(reply to post at 11:59:35 03/01/08) Do you know any other place that sells product that charges you to come in and buy it?

Been to Sam's club, for example?
 
My grandfather use to tell the story of a machinery owner-auction company that had a similar reputation. This was a place where you sat in a grandstand and they drove the tractors past for you to bid.

My grandfather’s friend bought a tractor early in the auction and the ring man gave him a ticket. This guy takes the ticket into the office to pay. The auction company owner’s wife is taking the money. She says, “We can’t let you have that tractor for that price, it is less then we paid for it”, and would not take the guy’s check.

So, this guy calmly goes back out to the ring, and bought most of the tractors that went through. He stayed until the end of the sale and everyone was going home. He then goes up to that woman with his check book out and waits for her to total up everything. That was when he told her, this is too much money foir those tractors, and he walked out. That sale was a bust, and soon they closed up for good.

I don’t think a guy could get away with that today, but it would be justice sometimes. John
 
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