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Report: #574357

Complaint Review: O'Gallerie, Inc. - Portland Oregon

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  • Reported By: Joe — Portland Oregon United States of America
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  • O'Gallerie, Inc. 228 North East 7th Ave. Portland, Oregon United States of America

O'Gallerie, Inc. Thomas O'Grady Sold a forged rare coin at auction. Refused to refund loss or disclose principal owner Portland, Oregon

*REBUTTAL Owner of company: O'Gallerie Rebuttal

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I purchased a box of coins at auction at O'Gallerie on September 29, 2008. One of the primary coins was an 1856 Flying Eagle Penny. The coin was in a coin album, labeled, and had writing under it "Rare." This coin, if real, was worth between $8,000 and $ 12,000 depending on condition.

There were four bidders and the bidding ended at $ 16,000. O'Gallerie's fee was $ 2,400 additional. I submitted the coin to PCGS (Professional Coin Grading Service) who promptly returned it with a tag saying "Not genuine: Date Altered"

I called and wrote Tom O'Grady at O'Gallerie. O'grady not only refused to refund any money, but also refused to disclose the real seller of the coins. I hired the premier expert in this type of coin and received an expert opinion and value for if the coin was as portayed in the auction.

I took O'Gallerie to Small Claims Court. There is no Oregon Law governing Auctioneers. Common law (ALS report) cites many cases where if the auctioneer doesn't diclose the Seller, they are liable for the losses due to forgery. The judge was not interested in this case as he was constantly dealing with family and marital abuse cases in between paying brief attention to this case. Since there was no specific Oregon Law, he rules in favor of O'Gallerie and threw out my claim.

Beware of O'Gallerie's business practices. They will not help if you buy a forgery.

This report was posted on Ripoff Report on 02/24/2010 01:37 PM and is a permanent record located here: https://www.ripoffreport.com/reports/ogallerie-inc/portland-oregon-97232-2909/ogallerie-inc-thomas-ogrady-sold-a-forged-rare-coin-at-auction-refused-to-refund-loss-574357. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
0Consumer
1Employee/Owner

#1 REBUTTAL Owner of company

O'Gallerie Rebuttal

AUTHOR: Auctioneer - (USA)

POSTED: Thursday, December 29, 2011

The coin in question was sold at O'Gallerie Auctions as part of a larger lot of pennies.  We were unaware of the coin's presence within the lot and sold the lot without description, as-is, without warranty and the possibility of refund.   The buyer waited several months before requesting a refund of his purchase price, long after the consignor was paid.  Like most auctions that offer consignment property for sale by auction, O'Gallerie's Condition of Sale is clearly posted within the gallery and states:

All property is sold "AS IS", and neither O'Gallerie nor the Consignor makes any representation or warranty, expressed or implied, as to the merchantability, fitness, or condition of the property or as to the correctness of description, genuineness, attribution, provenance or period of the property. By registering for a bidding number, or when placing an Absentee, Phone or FAX bid, you agree to these Conditions of Sale.

No reference to imperfections is made in the catalog descriptions or verbally by the Auctioneers. Since all sales are final and O'Gallerie makes no refunds, please verify our descriptions and carefully view the property at a preview before you bid. No employee of O'Gallerie is authorized to make on our behalf, or that of the Consignor, any representation or warranty, oral or written with respect to any property.

Caveat Emptor - Let the buyer beware. A warning that notifies a buyer that the goods he or she is buying are "as is," or subject to all defects. When a sale is subject to this warning the purchaser assumes the risk that the product might be either defective or unsuitable to his or her needs.

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