Legal Question in Business Law in Iowa
Seller/Agent/Buyer Auction-Not a clear title
I purchased a piece of equipment from an auction. The auctioneer was aware that the seller had purchased the equipment on contract. The seller agreed to payoff the remaining balance upon sale of the property. Since the equipment had a ''perfected security interest'' I am now told that my purchase was void since the seller was not in the position to convey a clear title, and I am responsible for the remaining balance on the sellers' contract. Is the auctioneer (agent) at fault for knowingly selling equipment that did not have a clear title? How is the seller not solely responsible for the breaking the contract (with the contract holder & auctioneer)? Will I have to return the equipment? And what if the equipment has since been sold? Help! Please advise.
1 Answer from Attorneys
Re: Seller/Agent/Buyer Auction-Not a clear title
It gets down to 'who knew what, and when did they know it, and what did they do after they had the knowledge'.
Generally speaking purchasing things at auction is 'as is, where is'. The auctioneer should have announced that the equipment was encumbered and let people make up their own minds as to whether they wanted to risk it.
However you have not said whether the auctioneer knew that the equipment was encumbered-that's quite a different thing. If he knew that the equipment was subject to a security interest and did not announce the same, you have a cause of action against him. And if he knew that the owner/seller was buying it on contract common sense would suggest that there was a lender somewhere in the background.
The secured party's interest trumps pretty nearly everything else.
On the other hand, you now know that it was encumbered and you have since disposed of it, which means the problem is going to land on your doorstep and you're going to have some explainig to do unless you were under the good faith impression that the equipment was NOT encumbered.
Any way you slice it you're in a pickle and there's no easy way out of it. I suggest that you contact an attorney with specifics to see if you can salvage anything out of this deal.
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