Garden City Antique & Fine Arts, Ltd.

Review: The Estate entered into an agreement with Garden City Antiques and Fine Art and [redacted] in early Apr 2014. The companies have not fulfilled their obligation under the signed Agreement with the Estate. The Agreement allowed them to dispose of the personal property of [redacted] at [redacted]. Under the Agreement, the items were to be disposed of first by public auction, second by donation and last by removal from the property, in exchange for the Estate receiving 75% of the auction sales price for each item sold, minus the agreed upon fee.

Personal property was sold at [redacted]'s public auction for a total sales price of $15,607.50, from which the Estate was due a gross amount of $11,705.62. The agreed upon total fee was not to exceed $750.00 as specified in the Agreement for trucking, shipping and handling. An additional fee of $50.00 for a motel and $40.00 to fix a furniture leg broken in transit was later verbally agreed to. No other additional fees have been agreed to. The Estate should have received at least $10,865.62 from the companies.

To date the Estate has only received one check for $7,964.50 which was deposited into the Estate account after being endorsed under the written phrase "Under Protest and Reserving all Rights" which demonstrates that the Estate does not accept the check as payment in full.

A phone message was left for [redacted] at ###-###-#### on 10/*/2104 and a letter from the Estate was sent to the companies, on 1/**/15, regarding this matter. No response has been received.Desired Settlement: The Estate receives the remainder of their obligation under the Agreement in the amount of $2901.12, payable to the Estate of [redacted].

Please Note: As no place was found in this form for the attachment of documents, electronic copies of documents are available upon request to appropriate parties.

Business

Response:

Please be advised,Garden City Antiques did not ever have possession of the estate pieces,did not receive the check for the sale nor has any obligation for the results of the sale.I have spoken to [redacted] and the check she received was after the expenses which were incurred for shipping packing and the commission for selling these pieces,The finer piece were given to another auction house the night before I was supposed to pick them up,so I did not want to have anything to do with this person or the estate,[redacted] ###-###-####

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

The copy of the signed Agreement referenced in the complaint is attached along with a copy of the Consignor Statement, check reverse and Estate letter of 1/**/15. Contact with [redacted] first occurred in the latter part of Feb 2104 when he viewed the contents of [redacted] and discussed disposing of the contents. During his review of the contents he did identify 4 pieces which he was very interested in. He was asked to provide a written proposal before I was to leave at the beginning of March. Since he did not provide a written proposal before he left for Florida, I believe it was, and I had to leave before his return, I contacted another dealer. I did not want to leave these assumed more valuable pieces in the empty house as we did not have an agreement and they were easily movable.When I unexpectedly returned latter in March, contact was again made with [redacted] and he was told about the missing 4 items and the reason why they were no longer there. He was upset and said it would cost the Estate more to dispose of the contents. Before he left I again reiterated that he should provide a written proposal. Shortly thereafter, [redacted] of T&R Furniture came over. After representing himself as having been contacted by [redacted] to assist in disposing of the contents, [redacted] looked around the house, discussed the process of removing and auctioning the contents, and left.Both [redacted] and [redacted] returned latter while I was napping. My husband stated that since [redacted] did not present an agreement, hepresented [redacted] with the agreement I had prepared, but had not signed, based upon my understanding of what [redacted] had previously presented. After discussion with [redacted], [redacted] signed my agreement but only after he made changes to his percentage and added an approximate shipping and handling fee. [redacted] looked around at the contents again and also left a simplified proposal he had brought with him to take the contents to auction for 25% of gross with customer paying for shipping and handling. He modified it while there to specify the shipping and handling fee to be approximately $700 and to add a second option to buy the contents outright. When I awoke latter and read the changes to my agreement that [redacted] made, I found they were not acceptable so I did not sign. After returning to Arizona I prepared the attached Agreement for both [redacted] and [redacted], signed it and sent it to my realtor to present to both [redacted] and [redacted]e to sign. My realtor sent me the Agreement signed by both of them, although in the wrong location.The Agreement binds both [redacted] and [redacted] to be jointly responsible for disposing of the contents and paying the Estate the correct amount. The Estate is not involved with whatever agreement might exist between [redacted] and [redacted] for the division of work or payment, as they are both responsible to the Estate for performance and payment to the Estate.Contrary to what has been said by [redacted], he did have a lot to do with the Estate after being informed that the four finer pieces were given to another auction house. If [redacted] did not want to have anything to do with the Estate after being informed about the four missing finer pieces he would not have come back and latter sign the Agreement. The four items were consigned elsewhere on 3/*/14 while [redacted] signed the Agreement on 4/*/14. Answer Here]

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Sincerely,