Children at Auctions

Cobia · « **Reply #15 on:** August 04, 2011, 06:04:08 PM »

Quote from: tclane on August 04, 2011, 05:33:26 PM

Well, although a lot of auctioneers don't allow children to attend, there is nothing stopping them legally from bidding on a unit. The only agreement you are making when you buy a unit is that you will have it cleaned out within a certain amount of time.

I know one young man who attends auctions with his mother, I think he is 12. He is allowed to select his own units, bid on them himself (with his own hard earned money) and he is responsible for loading and selling the merchandise. His mother allows him to do this in order to teach him how to be responsible with money. I don't call that a waste.

I'm afraid I will have to disagree with you on this one. The auctions are a legal proceeding, officially known as property lien auctions. I do not believe a minor is LEGALLY allowed to purchase the contents of a storage unit at auction. Just like a minor cannot purchase a home at a foreclosure sale. The mother, is acting as her minor childs agent. She my allow him to clean out the units and sell the merchandise but she is fully responsible for what ever happens.

That is how I understand it, if I am wrong I would be surprised.

Travis · « **Reply #16 on:** August 04, 2011, 11:04:10 PM »

In the case of a foreclosure or an automobile lien sale that may be the case because those purchases have to be titled or deeded. Buying a storage unit is no different than sending your child to the store to buy a bicycle. When was the last time someone checked your ID at a storage auction?

jrossjr79 · « **Reply #17 on:** August 04, 2011, 11:06:30 PM »

Quote from: tclane on August 04, 2011, 11:04:10 PM

In the case of a foreclosure or an automobile lien sale that may be the case because those purchases have to be titled or deeded. Buying a storage unit is no different than sending your child to the store to buy a bicycle. When was the last time someone checked your ID at a storage auction?

I was once checked not to long ago, hell they even made a copy of my ID. And this was before they started the bidding process, this was at check in time.

Travis · « **Reply #18 on:** August 05, 2011, 07:11:48 AM »

I understand, but how often does that really happen? 1 in a 100 auctions maybe?

ChefJ · « **Reply #19 on:** August 05, 2011, 09:15:42 AM »

a child purchasing a unit with unkowns inside, i.e. any weapon (possibly loaded) could be quite a liability for a storage facility...

westgabargains · « **Reply #20 on:** August 05, 2011, 09:17:09 AM »

It is not illegal for a minor to bid at an auction. However, it is not the same as sending a child to the store to buy something. An auction is a contract where the bidder agrees to buy the auctioned item and the seller agrees to sell the auctioned item to the highest bidder (subject to any previously disclosed terms of the auction). A minor cannot enter into a contract that is legally enforceable against that minor. Therefore, even though it is legal for the seller to allow a minor to bid, it is not advisable for them to do so as the minor could go through the unit, decide that it wasn’t worth what he/she bid and then legally be able to demand his/her money back. Storage companies that handle their own auctions may not know that fact but you can be sure those that use auction companies do and would never allow a minor to bid.

jrossjr79 · « **Reply #21 on:** August 05, 2011, 10:07:43 AM »

Quote from: tclane on August 05, 2011, 07:11:48 AM

I understand, but how often does that really happen? 1 in a 100 auctions maybe?

lol, probable worse odds than that, 1 in a 1000 or so

Cobia · « **Reply #22 on:** August 05, 2011, 11:55:37 AM »

@tclane,

By the way, if I see a 12 year old kid bidding on a decent unit at auction; he or she ain't gonna win it as long as I am there! Just sayin'

jrossjr79 · « **Reply #23 on:** August 05, 2011, 05:18:10 PM »

Quote from: CopiaVita on August 05, 2011, 11:55:37 AM

@tclane,

By the way, if I see a 12 year old kid bidding on a decent unit at auction; he or she ain't gonna win it as long as I am there! Just sayin'

lol, Your going to go into a pissing contest with a 12 yr old just so you can get the unit he/she is going for even if it aint worth that value?

Cobia · « **Reply #24 on:** August 05, 2011, 07:18:16 PM »

Quote from: jrossjr79 on August 05, 2011, 05:18:10 PM

lol, Your going to go into a pissing contest with a 12 yr old just so you can get the unit he/she is going for even if it aint worth that value?

jrossjr79, It was a little bit tongue & cheek, but to expand on this statement, in my area it has become soo competative as of late that hypothetically if a 12 year old was bidding on a nice unit that I thought was worth the risk, then yes, I would take a gamble on over paying to win the unit. Last thing we need is Granny & Grampy Warbucks feeding thier grandkids slush money to play storage auctions!

That being said there are a few teenagers in my area who are the kids of seasoned auction veterans and they are already pretty savvy. They are going to be very formidable competition in a few years if they stick with the auction business.

Travis · « **Reply #25 on:** August 05, 2011, 07:29:39 PM »

Quote from: jrossjr79 on August 05, 2011, 05:18:10 PM

lol, Your going to go into a pissing contest with a 12 yr old just so you can get the unit he/she is going for even if it aint worth that value?

LOL

This whole thread is pissing match.

Travis · « **Reply #26 on:** August 05, 2011, 07:44:41 PM »

Quote from: westgabargains on August 05, 2011, 09:17:09 AM

An auction is a contract where the bidder agrees to buy the auctioned item and the seller agrees to sell the auctioned item to the highest bidder (subject to any previously disclosed terms of the auction). A minor cannot enter into a contract that is legally enforceable against that minor.

An auction is not a contract it is a public sale. The auctioneer doesn't make you sign a waiver that you understand his verbal instructions before the auction begins; therefore, it wouldn't be an enforceable verbal contract.

There is nothing stopping an adult from winning the unit, going through it and then never going into the office to pay for the unit, so that is not a valid argument.

No matter what your opinion is, it doesn't stop it from happening. If I knew about storage auctions when I was a teenager, I would have been driving a Vette to high school instead of a Yugo. It beats a part time job sacking groceries.

jrossjr79 · « **Reply #27 on:** August 05, 2011, 09:27:02 PM »

Quote from: tclane on August 05, 2011, 07:29:39 PM

LOL
This whole thread is pissing match.

westgabargains · « **Reply #28 on:** August 05, 2011, 09:47:21 PM »

A completed auction forms a binding contract. There is an offer, acceptance and consideration. A minor can rescind a contract until they are an adult (with certain limitations not relevant here).
Whether someone could duck out of paying has no bearing on whether a contract exists; if the storage company had a way to locate the party who ducked out, they could sue for breach of contract. (Obviously that would probably never happen as it wouldn't be cost effective but that doesn't make it any less true).

"Under the Uniform Commercial Code's provision on sale by auction, a bid is an offer and a contract is formed when accepted by the auctioneer upon the "fall of the hammer"."DAVID DALL, Plaintiff, v. CERTIFIED SALES, INC., Defendant, v. NORTHERN INS. CO., Third-Party Defendant. CASE NO. 3:08CV19(DFM). UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

Anyway, I am not trying to start an argument my first day on the boards. I was just trying to help.

Travis · « **Reply #29 on:** August 06, 2011, 09:36:41 AM »

Thank you for you clarification. I didn't expect you to quote case law, but I probably would have done the same thing if I was trying to make a point. Good job.

No hard feelings, I enjoy a good debate even if I'm proven wrong.

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Children at Auctions

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