Emeryville, CA asked in Consumer Law and Small Claims for California

Q: hi i am having a problem with a auto auction, we had an accidental bid and the auction doesn't want to wave it

we had an accidental online bid and won a vehicle. we informed right away that it was an accident, but the auction is not willing to wave and only giving us an option to pay $400 or pick up the vehicle, the fee amount is not stated in the policy and was informed by the last person we talked to that they should be able to wave it. this was on a friday right after the auction ended, but when we called monday they informed us the $400 fee. what are the options i can take?

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1 Lawyer Answer
Scott Richard Kaufman
Scott Richard Kaufman
Answered
  • Consumer Law Lawyer
  • Los Altos, CA
  • Licensed in California

A: Sorry for your issues. No way to KNOW what all of your rights are without reading the document you speak of. Lawyers typically get $250.00 an hour and up so hiring one makes little sense here. IF it is true that there is no provision for the $400 you speak of, I guess they can sue you and you can use that as your proof. Time really is money. I'd keep that in mind when going forward with this as you can fight and fight and fight but they can afford to fight more. Lastly, $400 is a small claims court matter, where attorneys are not allowed in CA, so, maybe give that a shot there and you can be done, start to finish in 60 days or less. Good luck with it!

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