Erkelens & Olson Auctioneers

Erkelens and Olson deliberately mislead customers. In their photos of clothing they put the desirable items on top. They list those desirable items in their description as if it is representative of the contents. Then underneath the majority of the items are low value. In my last purchase I paid $1400 for 2 good pieces, 5 moderate pieces, (all of which were listed in their description) and the rest was $12 items from Target.

I recently purchased 2 pallets of patio furniture 2 different sets plus a few other advertised items thrown in, the only problem they forgot to throw in 1/2 of each patio set . chairs without pads ,tables without legs or tops and no hardware $4000 of totally worthless mismatched junk. I emailed my situation and was asked what I think they should do. I responded with refund half of the furniture and shipping which I was charged double for 1/2 the merchandise about 2k, so I can buy what was advertised and make me whole. I was giving the co the benefit of the doubt untill I read all the negative reviews. I purchase almost everything you can think of online copart iaa bidspotter adesa manheim proxibid high bid bring a trailer and more and have never had a problem except this co who wont call me back as-is I can live with missing/stolen I cant live with. GAA

Complaint: ***
I am rejecting this response because:User *** is an employee that works for usWe are not passing the buck, the dispute is between *** and Erkelens & OlsonWe were aware of the auction prior to biddingWe actually had multiple conversations with Dave O*** regarding the condition of the units in which he insisted at every point that they were in perfect working order, only installed, never powered up, and then removedHe described them in email as "like new, only slightly used"The water damage was never mentionedOnce we won and paid for the auction we contacted Eaton about startup and they told us about the water damageWhen we asked Rob and Dave about it they said it was just a splash and the FAA was "over protective"According to the records these were flooded, not "splashed"Even if they were only splashed then the manufacturer has blacklisted themMoreover, the auction house was fully aware of the damage as this was given to them by the law firm that brought them to auction but they deliberately left those details out of the auction and hid the information when questioned about the equipmentI have email trains proving that they were aware of the water damage
Sincerely,
*** ***

Our Auction terms state that everything is being sold "As is where is" with no warranties whatsoever. Its an Auction and all sales are final. Some parties that participated in the Bid process actually took the time to fly someone in here and pull the panels and look at them for themselves to make their own conclusion. We contacted this bidder in regards to their opinion and they mentioned that they were in fantastic shape and showing no signs whatsover of the water. These were not sitting in a FLOOD. Thats a allegation. At this point we are waiting for the law firm that we contracted with for further instruction. This is our 41st year in business. The fact that the successful purchaser could not resell these is the reason for their dispute. The issue is not that these were bad unitsThe issue is the bidder did not resell these units We had approved bidders very eager at the Auction bidding on these. We do work for all of the major law firms not just in Utah but throughout the inter mountain West. We are contemplating a defamation of character law suit if this continues Best Regards,Rob O***E&OTell us why here

Thanks for bringing this to our attention. We are aware of this and are sorting it out. We disclosed that the terms of the auction were:Everything is selling "as is, where is" what you see is what you get. No minimums & no reserves, all sales are finalTo bid at the
auction you must register for a bid card and by signing up for the bid card you agree to the terms listed on the bid-card 13% Buyers Premium. Removal and payment is immediateWe charge sales tax of 6.85% Terms of payment: Cash or certified funds. Certified funds are cashiers check made payable to Erkelens & Olson Call us with any questions801-355-6655Bid card terms: Cash-Checks will only be accepted if accompanied with bank letter of guarantee. EVERYTHING MUST BE PAID IN FULL ON THE DAY OF AUCTION regardless of when it is picked up. Buyers shall rely entirely on their own inspection and information. Every effort is made to "guard" merchandise throughout the auction, however, the bidder becomes solely responsible for all items purchased by him immediately following his winning bid. Therefore, he is advised to further guard his items at his own discretion. The bidder is responsible for knowing which item he is bidding on. If he is unsure, he should inquire or not bid. When you become the winning bidder at auction you have effected a contract and will be expected to pay for items in which you were evidenced to be the successful bidder. The auctioneer reserves the right to accept bids in any increment he feels is in the best interest of his client, the seller. The auctioneer reserves the right to reject the bidding of any person whose conduct, actions, or adverse comments he feels are not in the best interest of the seller. The registered bidder who bought these then gave the bill to his client who are the people who are complaining. In our opinion the registered bidder "*** ***" should be taking responsibility of being the high bidder and agreeing to the terms of the auction, not passing the buck to his client. We disagree as far as misrepresenting them, we had the serial numbers and the years attached. If the bidders did their proper due diligence they could have researched these units. Also, we allowed for all bidders to come and inspect the power units in person. Which they chose NOT to. Specifically in our terms of auction it says, "buyers shall rely entirely on their own inspection and information."