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The ad for the Simon Lift clearly states that although the Lift was purchased to be operational, it has been sitting since last Fall at the original auction where we purchased it, and had never brought it back to our shop to operate, or inspect it in any wayI explained to Mr [redacted] that the Lift raised slowly at the auction at the time of purchaseHE stated to me it had to be in emergency bypassI explained to him that I did not know, and he understood the location was at the original auction site where it was purchasedAs in our terms section, all items are sold AS IS WHERE IS It also stated in the ad that the Simon Lift had a bad 24-volt charger, and had not been run in months Mr [redacted] contacted me prior to his purchase to inquire about the machine, at which time I told him, as stated in the ad, that at the TIME of purchase the batteries were weak, but it had not been operated in months, and the winter had been very cold which is detrimental to batteriesI went on to explain that this Lift had been bought for a customer who ended up with health problems, and they did not buy it, therefore we never picked it up from the auction we purchased it from I referred Mr [redacted] to the terms and conditions section of the item, and that by bidding you agree to those same terms and conditions: All items are AS IS WHERE IS without warranty unless written in the ad After Mr [redacted] purchased the item, he did not call us directly, but chose to send a text message then contacted auctiontime and the Revdex.comAnd in reading through Mr***'s complaint, he clearly states "On this purchase I expect to have repair stuff like the charger, a tire or two, a fuse, even a couple of the batteries," by that statement it shows that I did explain to him that it was in need of repair We conferred with our attorney, and were instructed to do nothing in regard to assisting him with batteries or any other repair, for in doing so is an admission that a warranty is somehow impliedAnd, because the item WAS represented to the best of our knowledge, and all questions were answered truthfully and as per the ad before the auction What our belief is that has Mr [redacted] upset is that he discovered what we paid for this item in the first place, and is upset and having buyer's remorse that we profited from this sale Finally, we were very clear with him before the auction on our knowledge of the machine, as were the stated terms and conditionsOur ad clearly states that the unit was purchased to be operational last Fall, and it had not been touched since Used batteries in the harsh winter will lose their capacity, and Mr [redacted] told us that he expected that to happenIF there were something we believed we had done wrong, we would correct it, as we want all of our customers to be happy, and since they have beenWe are sad to say that this may be a of simple buyers remorse upon discovery of how we profited If there is anything we can help you with, please feel free to contact either myself, or Cruz Foust the secretary, at any time Thank you, Marc Foust Foust Equipment

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint that he offers no resolution.  For your reference, details of the offer I reviewed appear below.
Interesting that I talked with Marc Foust before he sent
his reply in to the Revdex.com addressing my complaint, he was all friendly and
willing to assist me with making some sort of restitution in the matter of this
Simon Lift, he did state to me that he was having to respond to the complaint
so that the Revdex.com would know what is going on with the negotiations, his only
problem was that he needed to make sure of some way to do this without implying
a warranty of any sort and would find out from his lawyer how he might go about
this. Our previous conversations were mostly friendly after the first contact
by phone he hung up on me before I could say much at all, the next one he at
least somewhat communicates.
He mentions that I first contacted him by Text, this is
true but I knew, being that I am a retired Computer Forensics Examiner for a
computer crimes task force, that I had to maintain evidentiary proof of the
content of the complaint to him and future communications, a phone call is
hearsay with out a recording.
I’m glad that he admits that I sent him and he received
the complaint about the purchased that I made. But he still made no attempt to
contact me?
 
Back
to his response, he first states that he told me that the unit was at another
auction site, What he told me was that it was at another location, which
I believed to be one of his equipment lots, I know that many implement dealers
may have several locations in numerous counties. If I had known that it was at
another auction company lot I would have done more digging before the sale to
see why it was at another sale lot and if it had been sold recently,
this would have given me much more information to go on.
Mr.
Foust states in his response that he told me that the lift raised slowly at the
auction, I only heard him state to me that it had been six months that
the batteries might be low and the ground crew there would assist me in the
loading if needed, he only admits to me after I have purchased the unit
where EXACTLY the unit is located, Don Smock Auction Co .
 
Next
thing he stated in his response is that he told me that the unit had been
purchased for a customer, first I heard of this was after the purchase.
Next
thing is he stated in his response is he referred me to the terms and
conditions, this is true but… On my initial contact with AuctionTime.com, they
stated to me that is relative if the listing party has provided all information
about the condition of an item that is listed on their auction site, here is
the reply I received from them:
 
“In the event the buyer feels the
item they purchased has been grossly misrepresented, we have a formal complaint
process in place. Most of the time both parties simply get together to work out
their differences and come to an agreement without any grievance being filed.
If that doesn’t work, then the next step is filing a complaint. This process is
usually enough to bring the parties to the table to settle their differences.
If that process doesn’t succeed in bringing a resolution to the complaint,
we’ll look at the information gathered during the complaint process and
determine whether further action is warranted. Additional action may result in
a bidding rights revocation, ceasing future advertising and listing privileges,
or in some cases, complete termination of business with AuctionTime.com and our
related companies. “
 
 
We
get back to the original ad which states “Operational” six months prior.
If
you look this word up in the Merriam-Webster Dictionary it states; ready for
use: able to be used (relating to a business or machine) which it was not
according to the ground crew that assisted me in loading the lift with a very
large fork lift. Another tidbit of information is that the unit was located in
what I would call the junk lane of the auction co lot at the very rear; this is
another indication of the unit’s condition.
 
Mr.
Foust conceded to me in one of our first phone conversations after the sale
that he should have stated in the ad “Operation Unknown” which again I would
have approached the purchase quite a bit differently.
 
On
our last conversation, Mr. Foust said that his lawyer told him that he didn’t
need to assist me in anyway that since I wrote in my complaint that I expected
to have to repair stuff like the charger, a tire or two, a fuse even a couple of
batteries, this is true with a piece of used equipment. But I didn’t expect to
replace ALL 8 of the Batteries, ALL 11 of the CONTACTORS, and the tires
lets talk about the tires, they are filled with foam which is generally a good
thing with the exception that whoever filled them didn’t fill them completely
and now there is no way to add additional air which means the only way to
remedy the situation is to replace the Rims and Tires and these are massive
expensive rims for the extreme weight of the machine. I haven’t even checked
what that will cost.
 
In
the response from Mr. Foust, he states that I have buyers remorse, no quite the
contrary, I would have been so pleased with my purchase had it been what I
expected to find, I paid the high end of what the unit is valued but since it
was low hours and I had a so called reputable dealer to rely on that had
conveyed that the unit would fit me just perfect, just minor issues with the
charger, he even states in his add that it is a very nice low hour unit! (Merriam-Webster;
Nice; of good quality) not so much…
 
Our
last conversation was probably the end of negotiations, I don’t know if Mr.
Foust will have sleepless nights or not, if he thinks he is correct probably
not but if he knows he is in the wrong still probably not. I know that I have
spent nearly $9000.00 on a unit worth at best $7000.00 in fully operational
condition, the unit was tampered with in the control box area, the manufactures
service manual does not indicate the proper wiring schematic, the company
(TEREX) that now owns Simon has no older information that will help, no one
wants to work on it due to liability reasons I won’t be sleeping very good for
quite some time.
 
What
Mr. Foust says in phone conversations and what he writes are extremely different,
I believe that he had no intention of making any sort of concession in this
matter, his reasoning to me was that I made a complaint to the Revdex.com and
AuctionTime.com and that since I did that he wasn’t going to help me with
anything. I will see what the response is now.
 
Mr.
Foust placed his ad for a machine and worded it so that it would sell, he
accomplished this. I usually can spot a deceptive person; guess I missed it
this time. 
 
Regards,
[redacted]

The...

ad for the Simon Lift clearly states that
although the Lift was purchased to be operational, it has been sitting since
last Fall at the original auction where we purchased it, and had never brought
it back to our shop to operate, or inspect it in any way. I explained to Mr.
[redacted] that the Lift raised slowly at the auction at the time of purchase. HE
stated to me it had to be in emergency bypass. I explained to him that I did
not know, and he understood the location was at the original auction site where
it was purchased. As in our terms section, all items are sold AS IS WHERE IS.
It also stated in the ad that the Simon Lift had a bad 24-volt charger, and had
not been run in 6 months.
Mr. [redacted] contacted me prior to his purchase
to inquire about the machine, at which time I told him, as stated in the ad,
that at the TIME of purchase the batteries were weak, but it had not been
operated in 6 months, and the winter had been very cold which is detrimental to
batteries. I went on to explain that this Lift had been bought for a customer
who ended up with health problems, and they did not buy it, therefore we never
picked it up from the auction we purchased it from.
I referred Mr. [redacted] to the terms and conditions section of the
item, and that by bidding you agree to those same terms and conditions: All
items are AS IS WHERE IS without warranty unless written in the ad.
After
Mr. [redacted] purchased the item, he did not call us directly, but chose to send a
text message then contacted auctiontime and the Revdex.com. And in reading through Mr. [redacted]'s
complaint, he clearly states "On this purchase I expect to have repair
stuff like the charger, a tire or two, a fuse, even a couple of the
batteries," by that statement it shows that I did explain to him that it
was in need of repair.
We
conferred with our attorney, and were instructed to do nothing in regard to
assisting him with batteries or any other repair, for in doing so is an
admission that a warranty is somehow implied. And, because the item WAS
represented to the best of our knowledge, and all questions were answered
truthfully and as per the ad before the auction.
What our belief is
that has Mr. [redacted] upset is that he discovered what we paid for this item in
the first place, and is upset and having buyer's remorse that we profited from
this sale.
Finally,
we were very clear with him before the auction on our knowledge of the machine,
as were the stated terms and conditions. Our ad clearly states that the unit
was purchased to be operational last Fall, and it had not been touched since.
Used batteries in the harsh winter will lose their capacity, and Mr. [redacted] told
us that he expected that to happen. IF there were something we believed we had
done wrong, we would correct it, as we want all of our customers to be happy,
and since 1992 they have been. We are sad to say that this may be a of simple
buyers remorse upon discovery of how we profited.
If there is anything we can
help you with, please feel free to contact either myself, or Cruz Foust the
secretary, at any time.
Thank you, Marc Foust
Foust Equipment