This complaint stems from a misrepresentation of an antique porcelain bowl at a May 8 auction on which I made an absentee bid for $165.00. I won the bid, but when I received the bowl, I found that it was not manufactured by Meissen, as it was described, and I promptly notified Baileys Honor Auction Service of the problem, asking for my money back, including absentee bidder fee and shipping and handling both ways. (total of about $200)
Because of the desirability of Meissen, the value of a bowl will be greatly increased easily doubled to quadrupled and more.
I took my complaint to the State of Wisconsin Auctioneer Board under the Department of Licensing and Regulation. They initially ruled that what Baileys Honor did was NOT a violation of state law. They ruled that without explanation and without using the words "false advertising." I questioned this, and they reopened the complaint, called it a fee dispute, and closed it again. The Auctioneer Board is supposed to police the auctioneers in the state. It is made up of auctioneers.
I have taken it to both the States Attorneys' offices in Wisconsin and Illinois. Both have done nothing, one saying it is out of their jurisdition and one saying I have to take it to small claims court.
I have filed in small claims court in my county and the hearing is scheduled for July 8. If the court rules in their favor, that will embolden them to continue as is and other people like me will be defrauded.
Whether this was an intentional act or an honest mistake, the person who makes the mistake must bear the responsibility. It shouldn't be that the damages are mitigated for everyone by dividing up the loss. That isn't fair for the innocent party.
If it were to be found intentional, there should be further penalty.
I am now in the search for legal precidents and law that support my case. I have found Wisconsin and Illinois state law that makes false advertising and misrepresentation against the law, but little else.
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