ComplaintsforCurran Miller Auction/Realty, Inc.

• Initial Complaint

  11/18/2021

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  Purchased a lot of dishes from Curran Miller online auction. No damage was disclosed. Paid $170.50 for said dishes. Upon closer inspection I found multiple issues. I returned to the auction site the following Monday to discuss options. I asked for a 30% refund on the purchase ($51.15) and I would keep the items as is. I was told I needed to leave the items and they would discuss a resolution. After several emails back and forth, the company refunded me $51.15 but decided to keep the items I returned and they also relisted them in an upcoming auction. None of this was what I agreed to so I authorized my bank to do a full chargeback. Once again by email I was told that they would pull the auction items and return them to their office for me to pick up according to the original deal (although I have zero proof that this would actually happen). I was instructed by my bank to not reverse the chargeback until I get the items back. Curran Miller is now demanding that all items be returned. I just want the items back that I was told I would receive back in exchange for the reversal of the charge back.

  

  Business response

  01/03/2022

  Business Response The customer brought back only the items that had damage on them not the entire lot. We explained that we try and note any damage on items that we see but unfortunately we do miss things sometimes. We always refund the customers money if we do miss noting any kind of damage on items because it is our mistake and we offered a full refund to this customer as well.She wanted to keep the other items that were in the lot and asked for a 30% discount on the lot. This gets complicated in determining what is fair to both our seller and the buyer when trying to issue a partial refund on items. What we prefer to do is resell the item noting the damage and anyone including this customer could bid on the items again. In this case that made even more sense because we were having another auction for this particular seller at the same location because of the volume of items this seller had. The customer did not want to do this because she really wanted the other items and there were some valuable pieces in the lot that she wanted to add to her collection. To try and resolve the issue we finally agreed upon the 30% discount but misunderstood that she wanted the damaged items back as well. It did not make sense to us that she would want those items back so I must have misread her e-mail. We did list them in the second auction that we were having for the seller noting the damage. So after talking to the customer again and wanting to just resolve the matter we agreed to give her back all the items and we would discount her the 30%. Our next communication with the customer was that she had at this point issued a full charge back for the items because we had not taken down the damaged items from the website for the next sale. We were in the process of going to the location of where the items were because it was on onsite online auction instead of at our gallery and the location was about 30 minutes away from us so we were going to get those items when we showed the real estate and were going to return the items to her. Instead of calling to discuss why the items were still on the site she just issued the charge back and then told us she could not reverse it until she had the damaged items back. At this point since we were trying to work with the customer to no avail and she had the other items and at this point they were no longer paid for I told her I would come to her location and just pick up the rest of the items and that would resolve the issue once and for all. She informed me that her entire family had Covid so I asked her to just sit the items outside and I would pick them up. Our terms state which each buyer has to click to agree to that all items are sold "as is where is" and we offer a public showing for each auction for customers to come see the items they are bidding on and do their own inspection. With that being said we do typically side with our customers if we have in fact failed to note any damage on items and issue refunds for the items which is what we offered this customer as well in the very beginning. Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.) "To try and resolve the issue we finally agreed upon the 30% discount but misunderstood that she wanted the damaged items back as well. It did not make sense to us that she would want those items back so I must have misread her e-mail. We did list them in the second auction that we were having for the seller noting the damage. So after talking to the customer again and wanting to just resolve the matter we agreed to give her back all the items and we would discount her the 30%." So, wow....this is EXACTLY why I filled my complaint with the BBB. I said they could keep the damaged bowl. There was no misunderstanding (see attached email). I was flat out told by ***** ****** part owner of Curran Miller Auction Realty that I was never going to get any of the items back that been relisted. She told me the 30% discount was never part of the deal. She demanded all the items back and said this was the only fair thing to do (despite me saying that I had been told by ********* that I would get some of the items back. I did say they could keep the very damaged bowl). So regardless of what Mrs. ********* ******** had told me and is reporting to the BBB, that was not going to happen. This is why I am frustrated and filed a complaint. I did everything that was advised by their office (the receptionist encouraged me to take the items to show damage since neither ********* nor ***** were in the office.). I thought we had reached a fair agreement only to be told that it was never going to happen. I sent emails because I was out of town trying to celebrate my son and husband's birthdays. I tried to resolve this before we went out of town but I did not hear anything back. I was then told they were out of town and ********* would talk to ***** and then retrieve the items and I could pick them up at the auction house. I replied that this was great news (we weren't sick then) and tried to make arrangements to pick up the chipped bowl and salt & pepper shakers. I then received an email that said she didn't know that I wanted the items back and basically the 30% refund was to allow me to keep the other items. This again was frustrating and misleading because the whole reason I took all this time was to get discounted for the damaged items that I had received, not to give them back everything to relist. I already spent a great amount of physical time following the first auction; I cleaned up the items thinking that they would stay in my possession. I already told a family member that I had found bowls like my grandmother had and my plans were to give her one one of the bowls. I never agreed or wanted to return the items. AND AS WE BOTH HAVE CLEARLY SAID, this was not apart of the original terms between ********* ******** and myself. I am very tired of talking to a representative from this company only to be told by another employee that whatever I was told is not going to be happening now. So as of Tuesday November 23, ********* ******** was sent by ***** ****** to get all the items back from the lot to add to the relist. Ironically, she could have followed through with her word and actually brought my items to me from the auction if she was going to drive all the way to ********** I mentioned this to ***** when she called me on Monday November 22, but I was once again told that I was refunded (only because I contacted my bank and asked what I should do and they initiated a charge back on my behalf) and that they would be retrieving the items from my home, even if I was sick. I AM NOT happy with this company or their representatives. This has not been "fair" treatment. Business Response The very first day I told Ms. ***** that we wanted all the items back & would do a full refund. As I explained to Ms. *****, we are agents of the seller and must act in their best interest. In my opinion, the best way to do so is to re-auction the items. As was stated earlier, we were doing a second auction at the same location for the same seller, so it was very easy to add these items to the next auction. Ms. ***** wouldn't accept this decision & kept emailing try to negotiate a different resolution. Since Ms. ***** was ill, we told her to set the items outside & we would pick them up on the 23rd. When ********* went to pick up the items, the lid to the item that is probably the most valuable was missing. She asked for the lid & was told "they didn't know where it was." Since Ms. ***** said she spent hours cleaning the item, it seemed unlikely that it had been misplaced. ********* said she would wait for it to be found & eventually it was located. When I spoke with Ms. ***** on Monday, I told her she was welcome to bid on the items again in the second auction & we would be happy to hold the items for her until she was feeling better & could pick them up. And for the record, the "damage" to the pepper shaker is a tiny crack that you can literally barely see. This seems to be a case of sour grapes on the buyers part. She wants the one valuable item & that is why she keeps arguing about keeping it & getting a partial refund. As I have stated, it is my fiduciary duty to act in the best interest of the seller & that is what I'm doing. Ms. ***** has been refunded in full, we have the items, which will be included in the next auction & Ms. ***** is welcome to bid. I don't see why she continues to complain to the Better Business Bureau. I sincerely hope that this is the last time we will have to address the issue & I wish Ms. ***** luck bidding in the next auction. Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.) I already have a grease jar I purchased years ago at a shop. The lid was missing because I had someone else with me at the auction helping wrap and sort. The estate auction was an hour each way (with no traffic) and my helper actually put it in a different bin thinking it went to ovenware dishes. As to the statement I only wanted the valuable pieces, I wanted ALL the pieces I bid on MINUS the bowl with the DAMAGED tulips. This was the item that the seller had painted on top of the original glaze. I paid $170.50 after buyer's 10%. I only asked for $50 (about 30% discount) because that is what it would cost me to replace that bowl, find the correct lid for the pepper shakers, possibly find a new shaker, etc). I don't think it is unreasonable to ask for the deduction. I called the office before I came and was told that they were sure we could reach a favorable resolution for both parties. No one mentioned to me at all that they only accept full lot returns and would relist all items. And apparently the employees are not aware of this exclusive policy. At least 3 employees that I spoke to BEFORE Ms. ****** decided she did not want to do a partial refund said that it would be okay to do the discount in exchange for me returning the damaged bowl. The only one benefiting is Curran Miller by re-listing the items (in 2 different lots now). If this is not the case, then they should gladly take my $119.35 payment and provide the items back to me as agreed. Ms. ***** ****** apparently was the only one that did not think my request was reasonable. This is my first encounter with her in my 6 months purchasing from Curran Miller and had it occurred earlier, it would have been my last. So to get items back that were in my original possession, I now have to rebid and then drive back to Chandlers or Evansville to retrieve the items IF I win BOTH auctions because now it's 2 different lots. I never agreed to reauctioning the items. I truly thought that at least ********* ******** would keep her word about 30% deduction and the other items back. I checked my online bank statement and saw the deduction so I was very optimistic that we had reached a settlement. But this followed with ********* saying that they were going to keep ALL the damaged items and relist them (which was not the agreement). I have already told this company that I will not be doing business again with them so why make me rebid? I spoke to one of the son's at the estate auction the original day of pick up and I'm sure if he had been contacted and explained that one of the bowls had been painted to cover up damaged glaze, he would have been okay with reaching a favorable settlement. I even asked if this could be done and I was told "no" by Ms. ***** ****** because she wanted to relist the items. Consumer Response ***Document Attached*** This is the email where ********* ******** said that she and ***** were in agreement to refund me 30% of the purchase price. She states that they BOTH were in agreement.

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