Legal Question in Civil Litigation in California

I went to an estate sale which the ad stated:

" Best offer takes all... 2 kilns and alot of ceramics and product...do not respond just be there. 10-12 viewing Saturday best offer at 12 takes all.....do not show up early no one lives there and alarm is on.

Address is:

25560 Serpens Ct.

Sun City, Ca.

West of Valley... South of Sun City Blvd. "

We got there around 10:30am and stayed there until 12 knowing that was going to be the moment

to know who gets everything, since it clearly stated "AT 12"

During the time we were there the real estate agent who was in charge mentioned that the person who bought the house had signed a contract that she agreed to buy the house as is with all the "junk" ( relating to all the stuff we were bidding on). but he told her that he was going to try get rid of the stuff before.

He didn't value anything at all especially since the only living descendent of the couple who had died and left the stuff behind was the daughter and he said that the daughter said that she didn't care about the stuff and to just to get rid of it.

And since it was a short sale the stuff at auction would not benefit to pay the bank back for unpaid loan. It would go to him it sounded like.

12:00 arrived and we were the only people there no one else had even showed up. so we offered $1 since there was no one there to bid us up, and since he knew I was going to donate a lot of the things there.

Then we started making arrangements to pick the stuff up he said that following Wednesday or Thursday after 4 pm would be fine and made sure we weren't going to take longer than 3 hours. The payment although it was only symbolic would be paid at the time of pick up.

He said he would call me that same night after 7 pm to tell me the exact date and time.

Then everyone left the house together and he locked up the house and garage.

Long story short he only called me the next day and told me that there was another offer later that afternoon that was higher.

We said that the ad stated "AT 12" not after 12 but he said many rude things and just hung up.

I think we have the right to the stuff we bid on because he brke a verbal contract and it was false advertising.

I estimated the value of the items I bid on and I have print outs to prove the prices.

What should I do? do I have a case?


Asked on 4/20/10, 6:25 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

It does seem that you have a binding contract with him. Send him a letter wilth your estimate of the values of the items and point out that you meet the terms of the offer to sell that he established and he must immediately make arrangements to honor the contract or you wil have to : report the matter to the Department of Real Estate, bring in any other governmental agency that has authority over the situation, and/or file suit agailnst him. The letter would be more dramatic if on a lawyers' stationary, but you have to decide if the value of the items justify the cost of going after him.

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Answered on 4/25/10, 10:44 pm


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