Sheriff Sale Auctioneer "Recalled" Auction After I Won Property!

[Henry Fidel]

Earlier this week I attended a Sheriff Sale. There were three properties up for sale, one of which was cancelled. I was the only bidder present in the room when the auction started (the Plaintiff's attorney was also present in the room). Note: the auction was scheduled at 1:00PM and the auctioneer started the auction at 1:01PM.

The property that I wanted to bid on was up second (after the listing that was cancelled). The opening bid was $40,000. I bid $1 over and the auctioneer announced that I was the winner ("going once, twice, sold"). The auctioneer then requested my cashier's check and moved on to the third property. Once the auction for the third property concluded (there were no bidders), the auctioneer requested my ID and contact information. About 3-4 minutes later (around 1:10 pm), while I was still writing my contact information (I needed to write it twice (the attorney also needed the information)) another individual walked into the room and indicated that he was interested in the property that I won. Surprisingly, the auctioneer asked the Plaintiff's attorney if she wanted to "recall the listing." I was stunned! The Plaintiff's attorney asked that the new bidder be given an opportunity to bid on the property that I won. She essentially voided my transaction and started the auction process over. Ultimately, I was the highest bidder, but at $51,000 (as opposed to $40,001).

Do I have any potential claims against the Plaintiff's attorney? It appears that we had a contract that the Plaintiff's attorney breached.

[Wayne Brooks]

Against the attorney, no. The attorney/bank weren’t really part of the Procedure.....it’s the sheriff’s office. I would have raised objections before the “re do” though. Never heard of such a thing.....tough to fight local customs though.