Health Care Solutions Inc.

Initial Business Response /* (1000, 5, 2016/04/22) */
April XX XXXX
Revdex.com of Northern Indiana [redacted]
Fort Wayne Indiana XXXXX
RE: #26065508 [redacted] Dear Sir or Madame,
In response to the complaint filed with the Revdex.com by [redacted] against the Fort Wayne Auto Truck Auction.
Mr....

[redacted] did not attend the auction where he purchased the 2005 International 4300 AS-IS. Mt [redacted] purchased the vehicle online. At no time prior to the auction did Mr.[redacted] inspect the vehicle to see first hand what he was purchasing nor did he ask any of the staff at the auction to give him an idea of the condition of the vehicle. The Auction did not own this truck. The 2005 International 4300 was consigned to the auction by the seller. The Auction does not inspect the trucks that are sold that is why all trucks are sold AS-Is Where is.
Mr. [redacted] was aware when he registered with the auction to purchase, that all Trucks and Equipment are sold As Is with no warranty implied. We have been selling trucks at this location for 32 years and are the largest volume Heavy Truck Auction in the US. Furthermore no one at our facility would care if the vehicle were inoperable or running, nor would they go to the lengths that Mr. [redacted] has described to tamper with a truck. The sell and buy fee that we receive does not change because it ran across the block instead of being towed. We sold a truck for [redacted] that same day and it was also sold As-Is.
As Mr. [redacted] stated it took approximately 30 days for the seller to produce a title. The original title was lost and we the auction did apply for a duplicate on behalf of the seller. Mt [redacted] had the right after 21 days to return the truck for no title. Not only did he not return the truck for no title after 21 days, he did not even come to get the truck for over 30 days after the purchase. By the time he did show up to get
the truck the title had been mailed to him. Mr. [redacted] was negligent in the purchase of the 2005 International and has tried to blame the auction for his lack of knowledge and expertise. His complaint is frivolous and without merit.

Attached is a copy of the correspondence from Mr. [redacted] and our response.
If you have any further questions please do not hesitate to contact us at your convenience. Sincerely
Owners Fort Wayne Auto Truck Auction
[redacted]


Initial Consumer Rebuttal /* (3000, 7, 2016/04/25) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The Agreement that we signed with the auction clearly states that the responsibility to accurately describe the condition of the vehicle is with the seller.
"With respect to each and every vehicle delivered to an Auction Facility for sale, Dealer represents to auction and to the buyer of the vehicle that:
The dealer will fully and accurately discuss the description, condition, known defects and mileage of the vehicle and to be solely responsible for such representation."
IN OTHER WORDS, The auction facility indicates that they are not responsible and do not check the vehicles RATHER they say that the persons that brought the truck to them is responsible.
Since we do not know such persons.. we hold the auction responsible. IF THEY WOULD SHARE THE NAME OF THE SELLER/ The person who bought the truck to the auction, we would be glad to sue them instead.
ALSO, Once again , the auction did not address the claim that AS IS policy cannot be used when major engine issues are present. Furthermore, if you buy a cow at an auction can you pick up a chicken because you bought the cow AS-IS ?
The auction incorrectly states that their fee do not change based on selling price(see attached) The higher the sales price , the higher their commission, therefore they do not want to sell in-operable unit since
it will not get much. Further, they would like to satisfy the seller so it would bring more trucks so they aid in scamming buyers.
The auction did not give me the option to return the truck at any point (i have emails to show)
Finally, the fact that the auction does not want an arbitrator to decide on our dispute shows bad faith.
I am not accepting the business's response as it is lacking, misleading and attempt to cover up the tampering by the seller.
While I understand that they are trying to protect a seller that brings many trucks to the auction at the expense of the buyer(in this case me) , this would not be accepted.
I attend many auctions, a lot are online, the auction facility makes reasonable attempt to describe the item being sold. Any time we had an issue the other auction places worked with us to resolve the matter,
mostly by means of arbitration. The auction place represented that the problem is that the truck was bought online. If that is the case we will make sure noone else would get scammed by using their online services.
I really hope that they can reconsider so we don't have to contact other authorities.
Final Business Response /* (4000, 9, 2016/05/02) */
Buyer signed auction rules prior to bidding that clearly stated boldly
Public Bidders Be advised everything is sold As-Is with NO warranties expressed or implied regardless of statements of condition of vehicle or equipment made from the auction block. Buyers should rely entirely on their own inspection of vehicle equipment.
The As-Is includes everything about the vehicle. The seller did not make any statement that would lead anyone to think otherwise. The purchaser did receive the equipment that he purchased. We do not understand what the plaintiff is stating. The seller did not misrepresent the vehicle. The buyer failed to do his own inspection of what he purchased.