All Forum Posts by: Alicia Ayers

@Alicia Ayers if you have a lawyer on retainer why are you asking the internet?

The "contract" as written may not be valid for settlement purposes (name(s) on deed matching contract) but the registration, bid and deposit make that irrelevant in terms of enforceability. The bidder entered into a contract by registering and being the high bidder. 

Can you imagine if auctioneers had to review corporate docs, llc docs, partnership agreements, jv docs and resolutions to confirm capacity/authority at registration. Not happening.

One point that seems to be lost from my first post, (the long-winded one) is while you're trying to get your money back, I'd also be trying to figure out how I could make it work. I have to believe this forum is littered with people who think that way. I once bought a small, vacant mobile home park and found out later that the village had all but outlawed mobile homes, and nobody had ever had the water billing shut off and I was going to be billed around $160 a month. They only contacted me because they were trying to figure out where to send the bill because it was due in 3 days! And on it went.....I dreaded getting a phone call from the 906 area code because I don't believe they've ever heard of good news. I still figured out how to make money on that property. 

It's been a long time since I lost interest in auctions but I never bid on a property that I didn't have at least 2 ideas for what I might do with it. Your first (or likely only) idea isn't working, see if you can figure out how to get some cash flow out of it and save it. Get the money back or lose it don't have to be the only choices you have. Look up the story of how 1-800-flowers.com was started, that's the story I think of often in these situations. 

 Then you should call him and stop asking people on the internet about a contract we haven't seen. 

Also as far as the signature...your intent and your grandmother's was to sign and bid. That legally is worth something, so even if you goofed by mistake the intent demonstrates that you entered the contract and likely will be losing your EMD. So far everyone keeps telling you that and you don't seem to want to accept that reality.