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#1
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.... how do they get past the inspectors at the auctions who check them for authenticity? .... [/ QUOTE ] Common misconception. There are no "inspectors" who check for authenticity. Link to the BJ description: http://www.barrett-jackson.com/applicati...=04%2f09%2f2009 I don't remember if it was posted here, or if I read the entire BJ bidder agreement at their web site a couple of years ago. Clearly, under the terms of terms of the bidder agreement, ALL of the responsibility for representation (or misrepresentation) is on the seller, not BJ. |
#2
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OK, here is the part I was looking for. Copied from a BJ bidder agreement. In other words, do your own homework, and have the car inspected.
1. LIMITATIONS AND DISCLAIMERS: (A) Each Lot is consigned to Barrett-Jackson by the seller shown on the Consignment Agreement (“Seller”). Each Lot is sold “AS IS - WHERE IS”, with all faults and defects, and with all errors of description. Buyer understands that (i) any and all information concerning any Lot is provided by Seller; (ii) Barrett-Jackson does not make any representations or express any opinions of its own concerning any Lot; and (iii) Barrett-Jackson does not examine any Lot or any component of any Lot, research the title documents or the provenance of the Lot or verify any information provided by Seller, nor does Barrett-Jackson undertake any duty to do any of the foregoing for the benefit of Buyer or anyone else. Buyer acknowledges that Barrett-Jackson’s only duty toward Buyer is to transfer the Lot to Buyer “AS-IS - WHERE IS”, upon full performance by Buyer under this Agreement and at the times specified in this Agreement. Except with regard to such duty, Buyer hereby waives and releases Barrett-Jackson from and against any claim, demand, liability, or expense of any kind arising out of or related to the Lot, expressly including without limitation any assertions of negligence (including negligent misrepresentation) or breach of warranty. Buyer agrees not to join Barrett-Jackson as a defendant in any action or proceeding arising directly or indirectly out of the condition of the Lot or any alleged representations concerning the Lot, and further agrees to look solely to Seller with respect to such matters. If Buyer fails to comply with this provision, Buyer agrees to reimburse Barrett-Jackson for all costs, expenses and fees, including attorney fees, in defense of such clams. (B) Barrett-Jackson disclaims all warranties, express or implied, concerning the Lot, including the warranties of merchantability or fitness for any particular purpose(s). Buyer represents that the amounts bid for any Lot are based solely on Buyer’s own independent inspection and evaluation of that Lot. As a material inducement to this agreement: (i) Buyer has undertaken to make his own examination of any Lot before bidding; and (ii) assumes all risk of any non-conformities in any Lot. Buyer further acknowledges that he has not relied upon any assumptions regarding Barrett- Jackson’s knowledge concerning the Lot or the Seller nor upon any oral or written representations by Barrett-Jackson, including without limitation any representations as to condition, year or age, serial or identification number, make, model, mileage, equipment, genuineness or authenticity, originality, previous use or ownership, manufacturing or restoration processes of any Lot or any component of any Lot. Finally, Buyer acknowledges that his invocation of the mediation provisions set forth in Section 5(B) below does not create any warranties, express or implied, and that Barrett-Jackson shall have no liability to Buyer or Seller as a result of its facilitation of any mediation. (C) All Statements contained in any catalogs, brochures or advertisements of any type pertaining to the sale, including without limitation any statements concerning condition, genuineness or authenticity, origin or provenance, previous use or ownership, manufacturing or restoration processes, year or age, serial number, make, model or mileage of any Lot or of any component of any Lot, are either expressions of opinion or are for ease of identification only, and they are not to be relied upon by Buyer as representations of fact. Buyer assumes all risks associated with any nonconformity of any Lot or any component of any Lot and, as a condition of Buyer’s participation in the auction, Buyer represents that he will conduct any inspections and examination necessary to satisfy himself of all material facts before making any bid. (D) Neither Barrett-Jackson, nor Seller, nor any agent, employee or representative of Barrett-Jackson or Seller, has given or authorized any other person to give any oral or written affirmation, representation, warranty or guarantee concerning any Lot. In any event, Barrett-Jackson assumes no liability for any affirmations, representations, warranties or guarantees made by Seller to Buyer. |
#3
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i dont know. i would think barrett jackson would want to be known as a very thorough and meticulous company. i would think that they would want to be sure what they are selling as the "real deal" really is. I am not a fan of barrett jackson i was before all the shill bidding on the rebodied reggie jackson car. i mean fraud is fraud and in my eyes if they sell the car as 1969 #435 car well then they should be just as responsible for the crime. i know these cars still belong to the previous owners untill they are bought but just to be legit they should have them verified. i know if a buddy of mine was selling a bogus car and i were helping him unknowingly i would be upset when i found out and with my luck nobody would trust my judgement again. its simply my opinion. its like a guy saying hes elvis and i go along with his story and start charging people to see the real elvis only to find out the guys a lying sack of crap. im now an accessary to a crime. people lost money and when i look a judge in the face and say "well, i didnt know" hes gonna tell me maybe you should have checked into it before you charged people to see him. in my eyes b/j is just as guilty.
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#4
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It seems as if BJ is paying for some of it's prior auctions (antics) as I see very few nice cars going thru their auction this time. Very different then the lineup for the Mecum auction in May. Although there will always be the uneducated buyer, it seems like most people are catching on.
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#5
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i hope they all come back to bite them. these vehicles should be proven for autheticity before they are sold. i'd have to if i were selling it . why shouldnt they?
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#6
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It seems as if BJ is paying for some of it's prior auctions (antics) as I see very few nice cars going thru their auction this time. Very different then the lineup for the Mecum auction in May. Although there will always be the uneducated buyer, it seems like most people are catching on. [/ QUOTE ] While I agree with this, let's keep in mind, the PB auction hasn't typically attracted the best cars since it's inception. This years line-up looks similar to the previous auctions at this event...unfortunately. Mike |
#7
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West Palm Beach, Florida: Midway through Friday's collector car sale, representatives of the National Highway Traffic Safety Administration (NHTSA) forced Barrett-Jackson to stop the sale of certain cars from the GM Heritage Fleet. Our sources tell us that this order from NHTSA was completely unexpected; Barrett-Jackson and GM have been extremely careful to note, in written material posted on the cars, which GM cars are sold on "salvage titles" or similar, and cannot be registered. Apparently, despite this, NHTSA is concerned that someone "might try" to register the cars for the street.
GM and Barrett-Jackson are attempting to resolve this so that the cars, which have been heavily publicized and have drawn bidders from across the nation, can be sold. Unfortunately, discussions are hampered by the fact that the relevant NHTSA offices are closed for the day, and reportedly will be closed tomorrow as well. For updates, go to the Barrett-Jackson web site, www.barrett-jackson.com
__________________
Don Stowers 66 GTO, Tri power, Fact. A/C, 4 speed 65 Corvette, L-76, Conv., Fact. A/C 63 Corvette SWC |
#8
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West Palm Beach, Florida: Midway through Friday's collector car sale, representatives of the National Highway Traffic Safety Administration (NHTSA) forced Barrett-Jackson to stop the sale of certain cars from the GM Heritage Fleet. Our sources tell us that this order from NHTSA was completely unexpected; Barrett-Jackson and GM have been extremely careful to note, in written material posted on the cars, which GM cars are sold on "salvage titles" or similar, and cannot be registered. Apparently, despite this, NHTSA is concerned that someone "might try" to register the cars for the street. GM and Barrett-Jackson are attempting to resolve this so that the cars, which have been heavily publicized and have drawn bidders from across the nation, can be sold. Unfortunately, discussions are hampered by the fact that the relevant NHTSA offices are closed for the day, and reportedly will be closed tomorrow as well. For updates, go to the Barrett-Jackson web site, www.barrett-jackson.com [/ QUOTE ] You just can't make this stuff up fast enough. Now Big Brother is going to say you can't buy a car with a salvage title because of something a buyer "might try" to do?? I've never been a "black helicopters" guy, but we keep getting closer and closer to communism. |
#9
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OK
"BJ does not examine any Lot or any component of any Lot, research the title documents or the provenance of the Lot or verify any information provided by Seller, nor does BJ undertake any duty to do any of the foregoing for the benefit of Buyer or anyone else. Buyer acknowledges that B-J’s only duty toward Buyer is to transfer the the Lot to Buyer “AS-IS - WHERE IS ,THAT = to about 1% for services rendered ![]() |
#10
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Barrett-Jackson brings together a thousand cars for people to shop from. They advertise the heck out of them. There is no way for them to do a complete exam on each car. They do refund money and charge the seller both commissions if the buyer shows that the seller mis-represented the car. If they are warned ahead of time about a car such as this Vette they will probably do something but we can't expect them to take a car apart looking at hidden vins, research history etc.
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