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View Full Version : Thinking of Consigning with MEARS....Think Again



rose14
04-18-2010, 11:10 AM
I want to let everyone know about a current situation I have ongoing with Troy Kinunen and MEARS Auctions.

Approximately 10 weeks ago I called Troy and spoke with him about a game used item I have and the possibility that it actually could be a historically significant item. When I first mentioned it to Troy he stated that it could possibly be an item valued in the six figure range. He requested that I send it in which I was going to do anyway. He also mentioned in the initial conversation that he would love to auction the item if I decided to sell it. He told me that he would only charge me the regular $450 fee if I would consign them the item. I sent the item to MEARS where it was researched and came back as authentic and although no difinitive confirmation could be made that it was the item used in this historic event, it was agreed upon by Troy and Dave Grob that it was very likely the item that was used in the event.

Now before sending the item back to me it was agreed upon that MEARS would auction the item. I told Troy that I wanted a reserve and he told me that for the April auction they were going to run things completely different than past auctions. I was told that the April auction would be heavily promoted and advertised through both local and national print, radio and internet media. He stated that MEARS Auctions was moving away from starting items at the reserve prices because they weren't getting the needed action when such a high opening bid is used. I told him that I was still uncomfortable about not using a reserve and he assured me that it wouldn't be a problem because he had some big spenders already interested in the item and that I would be happy with everything. The only reason I consigned to MEARS was the promises that Troy made with the way the item and this auction would be marketed and that I would be happy with the realized price. I told Troy that I was still uncomfortable with no reserve and that I at least wanted a minimum bid of $5,000. He told me that it wouldn't be a problem.

A couple of days later I get the item delivered to me because the shipping department at MEARS was not aware that I was consigning the item. Troy tells me to overnight it back to him and that he would reimburse me for the $45 charges because he need the item back quickly so he could begin marketing it. I sent the item back to MEARS along with some other information that I had gathered to further detail the item. This was approximately six weeks before the start of the auction.

Now fast forward about a month. I had seen no marketing done what so ever, the MEARS Auction website had sit dormant still showing the previous auction except for a small advertisement for the Wagner bat that is currently being auctioned. I then called and emailed Troy and and made my displeasure known and wanted an explanation as to why no marketing had been done since the auction was just two weeks away from beginning. I told him that every auction I know heavily promotes their auctions weeks and months prior to the start. His response was that he doesn't like to market until right before the beginning of the auction because the item and auction may get lost with all the other auctions taking place. I told him that I disagreed and that it's simple Marketing 101 and that the more exposure an item gets the more excitement and fanfair the auction receives.

I made a couple of more inquiries and on April 8th I told Troy over the phone that I wasn't happy with how my item and this auction was being marketed and was concerned and wanted a reserve used on my item. Troy told me that he didn’t want to use a reserve because no other item in the auction would be using a reserve and he just didn’t want my item to have one. Note: this was being told to me right after Dave Grob had just listed a new article on their website explaining how MEARS would handle auction items with reserves. He also told me that he was bringing Reggie Jackson in to promote the auction and that he would take some pictures with the item and that he also had several local executive from Miller Brewing coming to the live grand opening ceremonies. I told him that I could’t give a crap if Reggie Jackson was taking a picture with my item and that his picture with it wouldn’t help with the bidding on it. I told him I wanted the auction promoted so their would be plenty of exposure to my item. He told me that he would send out a mass email the next day to his bidders to promote my item and the auction. That day came and nothing was sent out. I called Troy on Monday, April 12th and told him that I wasn’t happy with the whole situation since he had misrepresented everything that would be done to market my item in the auction. I told him that I have everything to lose on this and that he has nothing invested since no marketing had been done. He responded that he had spent $2500 to build a custom display case to showcase the jersey in which would be offered to the winning biddered to purchase. I asked him why they couldn’t even have the auction preview up on their website so potential bidders could see what was coming to auction 7 days later. He again couldn’t answer the question. He told me that he sent out a mass email that previous Friday but I never received it. I told him to forward me a copy of the email which he never did because it didn’t exist. I told him that I didn’t want my jersey to be auctioned without a reserve. He continued to dance around the issue and said we would talk about it later.

Monday night (5 days prior to the start of the auction) a marketing email finally went out to MEARS bidders promoting my item. Note: This was only done to appease me because of all the complaints that I had made and this email was found in my spam folder. That was one of my complaints because if I was having emails go to my junk folder then just how many were also going into potential bidders junk boxes? Wednesday morning I looked on the MEARS website and saw where he had a preview of the my item on the website and the item starting with an opening bid of less than what I requested. No where did the item show a reserve or any of the additional information that I had sent to Troy that was crucial to the potential bidders. I immediately called Troy and asked him why the information that I sent wasn’t included on the auction description and why there was no reserve? I told him that I wanted the item pulled from the auction if a reserve and additional information wasn’t going to be used. He told me that this was just the initial description and that they were still working on loading the auction descriptions. My auction item was immediately taken down from the website so nobody could see it. I told him that I would slightly reduce my reserve but I didn’t want the item sold without a reserve to protect me since it wasn’t marketed like originally promised. He also told me that the description didn’t include the additional information because he didn’t have time to write it. He told me to write up the additional description and email it to him so they could add it to the item description.

Note: I am trying to babysit my auction item while trying to get ready for a 10 day vacation with my family to Disney World the next day.

Wednesday afternoon I sent an email to Troy updating the auction description and with an attachment to prove what I wrote was fact. I thought everything was ok and that all the information would be used and that my item would be auctioned with a reserve but I couldn’t confirm it because it wasn’t listed back on the website yet. On Thursday I sent Troy a text to make sure the new info would be used and the reserve used and that I wanted him to send me a copy of the auction description that was going to be used prior to is being listed on the website. Friday comes and I still have not received a response from Troy and I then notice Friday night that the auction preview if finally posted and my item is listed without using the write-up that I sent Troy and without using a reserve like I had requested. I also notice that of the 12 featured items in the auction, eight of them have posted reserves. I have called Troy numerous time with no response. I emailed Troy yesterday morning prior to the start of the auction and stated that didn’t want my item in the auction since he has ignored my request and has lied since the very beginning. I also stated that I would call the Milwaukee Police Department and report the item stolen and is being sold without my permission. I did talk to a detective who went to MEARS and spoke with Troy who told him that I am having sellers remorse but said it is a civil matter and he could do nothing.

It’s now Sunday and this has disrupted my family vacation as I have had to deal with this whole mess. I will be contacting an attorney tomorrow and filing and injuction to stop the sale of my item and to get my item returned to me. I don’t understand why something so simple could have been done and followed by MEARS and it would have alleviated this whole mess. It all boils down to Troy Kinunen and MEARS constantly lieing from the start and is worried about nothing but making money on the sale of this item no matter at what cost it is to the consignor.

Sorry about the long post but I just want to make sure that other potential consignors are aware of how Troy Kinunen and MEARS operates. I will keep everyone updated and hopefully soon will have the item back and consigned to a true respectful auction house.

Thanks
Todd Evans

CollectGU
04-18-2010, 12:57 PM
Thta's a difficlut situation, but if Troy thinks he has the bidders for the jersey then you shouldn't worry about the reserve. Not to be rude, but I don't think your jersey is a is a six figure jersey and definitely not without definitive proof it was used in that game...100,000 plus. I know that is why Troy told you but I just don't see it..... I am curious what critical info is missing from the write up as I just read it and its pretty detailed....This is the Fisk jersey correct?

Best
Dave

Lokee
04-18-2010, 01:01 PM
That is a PRETTY decriptive description in my opinion if it is indeed the Fisk jersey.

mears
04-18-2010, 01:33 PM
Todd

Due to the fact this might end in litigation and I am writing this against the advice of my attorneys, I wanted to make some statements for the record.


The original cost of the MEARS LOO would have been $1,500+. Based on the degree of research involved. That was my first accommodation to you.
During our conversation, we spoke of market value of $10,000, $15,000-$20,000, $30,000-$40,000, and up to $100,000 as possible values. I did not state the jersey was certainly worth $100,000, but based on past items of historic value, had the potential to reach a very high number. I tempered this with the lower values. I just want to state for the record I did not quote a six figure value to get the consignment, and did offer the lower price possibilities.
Regarding market, the jersey was covered in a featured article posted on MEARS Online which dealt with the history of the jersey. Without checking the exact date, I believe it was at least 30 days before the auction ran.
The Friday email you mention was sent, I can forward a dated copy of it to anybody questioning the fact it was sent.
Regarding additional marketing of the Fisk jersey, at our expense, we have the curator from the Wisconsin State Historical Society create custom display case for our Grand Opening Event. Your Fisk jersey was set next to Reggie Jackson for the entire Grand Opening. Your jersey was to be covered in media promotions from April 17th to April 29th. Your criticism was for lack of media attention before the event, when it has always the practice of MEARS to promote items during the sale, so that when people are notified, they can bid.
Regarding marketing, your Fisk jersey is featured with a T206 Honus Wagner card, the 1905 Honus Wagner game used bat, items from the Reggie Jackson collection,etc. This auction is getting more media attention and bids than all of our other auctions to date.
On Friday, before launching our auction and preparing for the Grand Opening, I spoke with Todd about the situation. I had very little extra time, but understood how important it was to him. He sent some language to ad to the write-up that I sent to Dave Grob for review. Grob felt the language was overstepping and misleading, therefore we did not include it in the auction description.
I was quite embarrassed by your calling of the South Milwaukee police. I offered to show him your signed contract, and the matter was dropped. He was quite confused by your request to have the jersey withdrawn when it was displayed next to a Yankee HOFer and there were 100s of people mulling around.
Finally, and the most important point, I am not sure how prudent it was to post your concerns on GUF about your sellers remorse. If your jersey does not bring what you want, you may want to show this post to your attorney as one of the possible reasons. I am not sure what the judge would say, but he is going to have to filter through the detailed research we complete, the article posted on MEARS Online, the fact the jersey is now featured on the MEARS Auction Home page, the fact that the jersey is being offered for sale with a T206 Wagner card, 1905 Wagner bat, items consigned by Reggie Jackson, the fact the jersey was display in a $2500 museum quality display case (at no cost to you), and displayed next to Reggie Jackson at the heavily promoted MEARS Grand Opening.

If you are considering consigning to MEARS, you will get the same treatment that we provided Todd Evans for his item.

Regards,


Troy R. Kinunen/MEARS

rose14
04-18-2010, 02:31 PM
Troy,

So let me get this straight, Dave Grob finds it ok to use a quote from Lon
Lewis but finds it misleading and overstepping to use others that come from him. It's fact Troy and I have everything to back it up. You are talking out of both sides of your mouth.

Now back to the first words to come out of your mouth when I mentioned this jersey to you. "That's a six figure jersey". Is it a six figure jersey right now? I don't know but I do know it's worth using the modest reserve that I have told you I wanted from the beginning. As for the email that you say was sent out by MEARS on Friday, April 10th, I have requested you to send a time and date stamped copy three different times with still no response.

Wow, did you hear that fella collectors? If you consign to MEARS they will have a custom display case made for your item so that the bidders will go nuts and bid like crazy. Does this case make you want to place a bid? How about because Reggie Jackson held it or took a picture with it. That's the exact marketing I received. Troy, just how many people are going to actually see this case? That's right only people that come to your place in Milwaukee. That is exactly what I wanted, for it to be exclusively marketed just to people just in beautiful Milwaukee and not to the rest of the country.

By the way just how many people on here actually knew this jersey was being auctioned prior to today's posts?

Your right this will end up in litigation and I will do everything possible to make this as difficult on you as you have made this for me.

By the way, you probably didn't show the detective the contact since I have been told by you and your shipping person that you have lost it.

rose14
04-18-2010, 02:45 PM
"The original cost of the MEARS LOO would have been $1,500+. Based on the degree of research involved. That was my first accommodation to you".

First of all you said to me that it would be $1,100- $1,200 but now you say it is $1,500+.

Which is it Troy?

Secondly, you told me that it would only be $425 that was charged to my credit card and when I asked you what the balance that was owed when the reseach process was completed. I was fully prepared to pay the other $800 but you said don't worry about it and this was all said before we discussed the consignment in the April auction.

dirtyla2000
04-18-2010, 02:48 PM
Todd

Due to the fact this might end in litigation and I am writing this against the advice of my attorneys, I wanted to make some statements for the record.


The original cost of the MEARS LOO would have been $1,500+. Based on the degree of research involved. That was my first accommodation to you.
During our conversation, we spoke of market value of $10,000, $15,000-$20,000, $30,000-$40,000, and up to $100,000 as possible values. I did not state the jersey was certainly worth $100,000, but based on past items of historic value, had the potential to reach a very high number. I tempered this with the lower values. I just want to state for the record I did not quote a six figure value to get the consignment, and did offer the lower price possibilities.
Regarding market, the jersey was covered in a featured article posted on MEARS Online which dealt with the history of the jersey. Without checking the exact date, I believe it was at least 30 days before the auction ran.
The Friday email you mention was sent, I can forward a dated copy of it to anybody questioning the fact it was sent.
Regarding additional marketing of the Fisk jersey, at our expense, we have the curator from the Wisconsin State Historical Society create custom display case for our Grand Opening Event. Your Fisk jersey was set next to Reggie Jackson for the entire Grand Opening. Your jersey was to be covered in media promotions from April 17th to April 29th. Your criticism was for lack of media attention before the event, when it has always the practice of MEARS to promote items during the sale, so that when people are notified, they can bid.
Regarding marketing, your Fisk jersey is featured with a T206 Honus Wagner card, the 1905 Honus Wagner game used bat, items from the Reggie Jackson collection,etc. This auction is getting more media attention and bids than all of our other auctions to date.
On Friday, before launching our auction and preparing for the Grand Opening, I spoke with Todd about the situation. I had very little extra time, but understood how important it was to him. He sent some language to ad to the write-up that I sent to Dave Grob for review. Grob felt the language was overstepping and misleading, therefore we did not include it in the auction description.
I was quite embarrassed by your calling of the South Milwaukee police. I offered to show him your signed contract, and the matter was dropped. He was quite confused by your request to have the jersey withdrawn when it was displayed next to a Yankee HOFer and there were 100s of people mulling around.
Finally, and the most important point, I am not sure how prudent it was to post your concerns on GUF about your sellers remorse. If your jersey does not bring what you want, you may want to show this post to your attorney as one of the possible reasons. I am not sure what the judge would say, but he is going to have to filter through the detailed research we complete, the article posted on MEARS Online, the fact the jersey is now featured on the MEARS Auction Home page, the fact that the jersey is being offered for sale with a T206 Wagner card, 1905 Wagner bat, items consigned by Reggie Jackson, the fact the jersey was display in a $2500 museum quality display case (at no cost to you), and displayed next to Reggie Jackson at the heavily promoted MEARS Grand Opening.
If you are considering consigning to MEARS, you will get the same treatment that we provided Todd Evans for his item.

Regards,


Troy R. Kinunen/MEARS
Wow,I will admit I am a Troy and Mears guy.I think Mears has done what they could and should do.I consider myself a medium to high end collector and Mears has exposed their latest auction to me! The consignor sorry sounds a little neurotic! Cops and lies, try dealing with the other major houses,you probably would call in the FBI.

rose14
04-18-2010, 03:24 PM
Dirty, I was a fan of MEARS until this whole debacle. It's not that I didn't want to sell the jersey, I just wanted a reserve for my protection like I originally requested. Troy is the one that told me that this auction wouldn't have any reserves but look for yourself and you will see 8 of the 12 featured items are listed with reserves. This is not like I suddenly requested at the last hour for a reserve. I have been wanting one from the start. Just to let you know I have consigned fairly valuable items to almost every auction in the business over the last 15 years and have never dealt with anything quit like this.

legaleagle92481
04-18-2010, 04:30 PM
i am not sticking my nose into this particular dispute but in general whenever someone consigns to any auction house before they do so they should all of the material terms i.e. what the starting bid, reserve price, consignment fee, any special advertising for that particular lot etc. will be of the deal in writing and signed and dated by both parties whether in the cosignment contract or an amendment thereto with both parties receiving a copy. if an auction house will not agree to this then it is smarter not to consign the item to them. and if that is done there should be no dispute. i have yet to consign to an auction house but i plan to in the near future and this is what i will be sure is done.

dirtyla2000
04-18-2010, 04:30 PM
Dirty, I was a fan of MEARS until this whole debacle. It's not that I didn't want to sell the jersey, I just wanted a reserve for my protection like I originally requested. Troy is the one that told me that this auction wouldn't have any reserves but look for yourself and you will see 8 of the 12 featured items are listed with reserves. This is not like I suddenly requested at the last hour for a reserve. I have been wanting one from the start. Just to let you know I have consigned fairly valuable items to almost every auction in the business over the last 15 years and have never dealt with anything quit like this.
I hope this works out for you in the end! I have never had a pleasant experience dealing with any major house.One time I had purchased an item for 30,000. reconsigned it back to them 2 years later with their word that i should not worry about a reserve and it sold for 16,000.00.They shall remain nameless but what a beating! I only know that I am currently bidding on 4 Mears auction items right now! I doubt its your item but they have some crazy stuff on there.

ossteve
04-18-2010, 05:02 PM
I won't speak to the business aspects of this thread as they are not my business, but I will say the following; I had the pleasure and what turned out to have been the grand priviledge of having been present at Mears' "Grand Opening" Yesterday.

The jersey in question looked phenomenal. The custom display was something to be envied and whomever should perhaps win the item, if it goes to auction fruition, should consider kicking in some extra bucks with the request of nabbing it because it is hard for me to see how anyone could come up with something better.

The jersey was displayed prominently to Mr. Jackson's right, throughout his 6 hours or so of signing and it did draw attention, both in conversations in front of Mr. Jackson and in those overheard throughout the complex after people had had their respective items signed by Mr. Jackson. It definitely drew attention during a lively and very entertaining bantering exchange between my die hard Red Sox loving girlfriend and Mr. Jackson himself!

In total, the event itself was the classiest, warmest gathering that I have probably ever had the pleasure of experiencing. Troy, Mr. Jackson, the Demos family and the Mears staff were again, phenomenal in every conceivable fashion. These folks collectively provided a day that my future grandchildren will hear about, abetted by photos to prove it and with all due apologies to the Bard and Henry V..... "And gentlemen (sports memorabilia collectors, Reggie afficianados and sports historians in England (and elsewhere) now a-bed, Shall think themselves accursed they were not here....." Thanks Troy, Mr. Jackson and all.....
Steve White

MSpecht
04-18-2010, 10:15 PM
Thanks to Todd for bringing his discussion of the issue forward in a reasoned manner. Thanks as well to Troy, who responded in a courteous and professional manner. At this point, with possible litigation in the future, there is nothing to be gained by continuing this dialogue between the principal parties, or by additional third party commentary based on individual perceptions of the situation. thus, this thread will be locked with a sincere hope of resolution between Todd and Troy.

Mike jackitout7@aol.com (jackitout7@aol.com)