ANACS Question

Discussion in 'Coin Chat' started by Prospector, Jul 12, 2010.

  1. tmoneyeagles

    tmoneyeagles Indian Buffalo Gatherer

    First off, both Frank and Chris are highly regarded members of this forum. Chris has been here less time, but he has much knowledge to his name, and has proved so in his posts. The same goes to Frank.

    Secondly, I can't wrap my mind around the fact that Heritage pulled a listing, then sent the coin back to NGC, with the coin being downgraded, without the owner knowing. Am I saying it can't happen? No, but I am saying that this coin didn't deserve to be in an NGC MS69 holder, and that I'd like to hear all three sides of the story for myself. It sounds to me like none of this should've been done without the owner's consent, and I'm having an extremely difficult time believing that it wasn't.
     
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  3. cpm9ball

    cpm9ball CANNOT RE-MEMBER

    T,

    Heritage doesn't need the owner's permission to pull an auction listing. After all, it's their reputation that is at stake.

    Chris
     
  4. cpm9ball

    cpm9ball CANNOT RE-MEMBER

    Please tell us which dictionary you used that defines a "willing" buyer as someone who possesses "knowledge".

    Chris
     
  5. GDJMSP

    GDJMSP Numismatist Moderator

    Gentlemen - this will be the only warning you get. The insults and name calling stops this instant, or I'll stop it my way by removing your posting privileges.

    If you wish to discuss this issue, fine, but do so in a civil manner or the thread will be closed.
     
  6. tmoneyeagles

    tmoneyeagles Indian Buffalo Gatherer

    But, they would need the owner's permission if lets say they just gave it to NGC for them to downgrade it.
    I think there is a lot more to this than meets the eye.
     
  7. GDJMSP

    GDJMSP Numismatist Moderator

    To the issue at hand, I know nothing about the incident being discussed. What I do know is this. There have been incidents in Heritage auctions where a TPG has stepped up, stopped the auction in mid-stride, and taken the coin in question. And the owner of that coin was never consulted.

    What I refer to was the second auction of the 1963 PF70 DCAM cent in 2004. That particular coin had been listed for 3 weeks with steadily increasing bids. By the day the auction was to close the bid had reached $58,000 (which included BP). At that point PCGS stepped up and told Heritage to pull the coin. PCGS then said they would pay $40,000 for the coin - and they did so. And the owner had no say in this. That left the owner out $18,000 that he would have received had the auction been allowed to conclude. But PCGS stopped it cold.

    Now that $40,000 just happened to be what the owner of the coin had paid for it the year before in another Heritage auction. So what PCGS was doing was agreeing to give the guy his money back, but not agreeing to allow him to make a profit. Of course had they (PCGS) allowed the auction to conclude then they would have been the ones out the additional $18,000. That is because they knew they were going to buy the coin back so they could down-grade it. They just wanted to do that as cheaply as possible.

    I guess my point in all this is to show that these kind of things do happen from time to time. No, the situation I described may not be exactly the same as what Garret is describing - but it's pretty dang similar if it isn't.

    So Chris - it happens.

    Garret - you say you hate NGC because of this incident that you described. Do you now also hate PCGS because of the incident that I have related to you ? If nothing else what PCGS did was far worse than what NGC did, from a monetary point of view.
     
  8. rlm's cents

    rlm's cents Numismatist

    There is something missing in your story. I am not doubting that what you say happened, but PCGS has not more authority to stop that auction than you or I - unless there is something in the Heritage auction agreement and/or the PCGS slabbing agreement that gives them permission to do so. I am far from lawyer enough to read such thing, but I do know enough that just does not happen out of the blue.
     
  9. rlm's cents

    rlm's cents Numismatist

    Oh, they absolutely do need the owners permission to pull the auction. Elsewise, they get sued for breach of contract - and lose. However, I would be willing to bet there is something in their auction contract that gives them permission to pull it.
     
  10. GDJMSP

    GDJMSP Numismatist Moderator

    But it did happen out of the blue Dick. The auction was live at the FUN show. Bids were coming in left and right and the numbers were climbing. PCGS stepped up and whispered the guys ear and the auction stopped - right there.

    It was only after the auction ended that it came out as to what had happened because people were furious.
     
  11. rlm's cents

    rlm's cents Numismatist

    As I stated, I am not disagreeing with what you say happened. What I am saying is that somewhere in one or more of those contracts someone gave permission to PCGS and/or Heritage. I am definitely not familiar enough with either the contracts nor lawyer speak to comment with any more detail.
     
  12. GDJMSP

    GDJMSP Numismatist Moderator

    From a legal standpoint, yeah it matters what's in the contracts. And I can tell you, from my own contracts with Heritage - they can pull an item from an auction if they wish.

    But the point is, it happened. And the owner was never questioned nor did he give permission. It happened - boom - DRT ! (dead right there)
     
  13. Treashunt

    Treashunt The Other Frank

    Doug:
    I do remember this incident--

    And it was as you described.

    However, that said, I wonder why the owner of the piece 'allowed' it to happen. $18K would have bought a lot of legal advice.

    Unless something happened 'under the table' to shut him/her up.
     
  14. GDJMSP

    GDJMSP Numismatist Moderator

    I believe it was pointed out to him that he never had that $18k because it was not a completed auction. So he had no legs to stand on. Once an item is pulled - it's pulled, end of story. It then becomes a no auction.
     
  15. rlm's cents

    rlm's cents Numismatist

    What I have been saying is that the owner "allowed" it to happen when he signed the contract to sell his coin at Heritage.
     
  16. GDJMSP

    GDJMSP Numismatist Moderator

    Their contract allows heritage to choose the auction that your coins will be sold in. It also allows them to pull any item they wish from that auction, and sell it at a later date if they wish, or not sell it at all and return it to you.

    And while I cannot specifically recall for certain, it may also allow them to re-submit the coin for re-grading or corss-grading if they think it is merited.

    The difference between the incident that I related and the one that Garret related is this. In mine PCGS bought the coin, for a price they chose, but they bought it.

    But it does not sound like NGC bought the coin in Garret's incident. They merely re-graded it. But if they down-graded the coin, then they owed the owner money.

    The question that has not been answered is - did they pay him ?

    If they did, end of story.
     
  17. Conder101

    Conder101 Numismatist

    You will also typically find in the terms of sale that the auction house reserves the right to pull a lot at any time up to and including after the hammer has fallen.

    Unless it is in the coin owners contract though I would be rather surprised they would have someone elses coin cracked out and down graded without their permission. After all they do have a reputation to protect.
     
  18. Player11

    Player11 Bullish

    ANACS is one of the four major grading services accepted by Ebay and Teletrade. They are America's oldest grading service.
     
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