I've actually seen this happen and not at the big auction houses you
mentioned. Two bidders on the floor got into a pissing match and each
attempting to top the other, sometimes upping the bidding price by as
much as $5K in one bid for a poster(s) that was clearly not worth the
astonishing levels it had suddenly risen to. I did question people at
the auction who knew the two bidders and was told that they were bidding
for clients who really wanted the poster(s) in question. I also
interpreted that to mean that they each may be working on a commission
based on the selling price and hence didn't care about how high they
bid, especially since they weren't working with their own dollars.
FRANC 

-----Original Message-----
From: MoPo List [mailto:[email protected]] On Behalf Of Bruce
Hershenson
Sent: Wednesday, September 16, 2009 10:34 AM
To: [email protected]
Subject: Re: [MOPO] Heritage Response


Incidentally, I am not saying that only one auction house likely does
this. I have seen many many results at Christie's and Sotheby's that fit
this profile. When I left Christie's in 1997, and was looking for
another auction house, I made it very clear to Howard Lowery (who I then
did three auctions with) that I wanted NO tricks played with the
bidders, and we did not have ANY of those crazy results. And in my own
auctions since 2000 I have almost never had crazy high results (out of
400,000+ auctions).

It may not be proof in a court of law, but it sure seems astoundingly
coincidental that these crazy bidders (who love to show up in twos!)
ONLY patronize certain exact auction houses.

Bruce


On Wed, Sep 16, 2009 at 6:49 AM, Bruce Hershenson
<[email protected]> wrote:


I think a concern a lot of people are expressing is that we have all
seen how a poster that used to always be around say $5,000 suddenly
sells for $25,000, and we have all wondered how it is that TWO totally
separate people suddenly took it into their head to bid five times what
previous people had bid. I mean, one person can decide to do that
because they feel they HAVE to have that poster, but TWO of them seems
to defy the odds.

And now some of us, in the light of these revelations, are wondering if
there really WERE two different bidders. And if a "house account" were
used to get someone to pay five times the former "going rate" is THAT
alright (and is it excused because the person chose to enter a very high
bid)? Is that the punishment proscribed for placing a high bid,  and
even if it were legal in the past, should this practice not be stopped
in the future?

Bruce 


On Wed, Sep 16, 2009 at 5:10 AM, Richard Halegua Comic Art
<[email protected]> wrote:


At 02:57 AM 9/16/2009, Neil Jaworski wrote:


I agree with all James Richard's comments on this issue.

Those who feel that Heritage have an obligation to get the "fair market
price" for their consignors (and, by a happy coincidence, for
themselves) should reflect upon how these practices might have pumped up
these "fair market prices" in the first place.

Indeed, if this N.P Gresham device has been used as widely as some
people are suggesting, what extra padding is in the hobby as a whole?

Those MOPOers who claim that this is all just a playful bit of
showmanship (wedded to a fiduciary duty to poor sellers who are too
nervous to set a realistic and honest reserve) should enrol in their
nearest high school ethics class.


Neil
I said this: 


This is how it's supposed to work:
the reserve is $400, but the item starts at $200. It is Heritage's
fiduciary duty to the seller to bid up to something just under the
reserve. So Heritage might bid $390 to get the $400 bid from a buyer.
When the $390 bid is the top bid, Heritage does state "still available
at HA.com" indicating that the $390 bid did not win the item, that it
fell below reserve.

as long as that's what's going on, it doesn't seem that anything
nefarious is happening.

Here is where it would step in negative territory:
If Heritage were to continue bidding in order to drive up a price past
the reserve, without the intention of buying it themselves, that would
be a bad thing. I haven't seen or read anything that indicates this is
so. Though to be fair, I have had friends tell me anecdotally that they
feel this is the case, but they have not given me any examples to prove
that claim.

Also, Heritage does indeed sell material they own in all fields from
posters to coins to comics and this may be a sticking point to some,
however as long as they treat Heritage-owned merchandise just as any
other consignor, they do not drive up prices beyond a reserve and they
do not raise the reserve after introduction of the auction, well, they
would not be doing anything wrong


so please don't mis-characterize what I said
If N.P. Gresham is acting improperly, that is a bad thing, but I might
need more information  before I can come to that conclusion and
determine that Heritage was or was not acting improperly

concerning whether or not a consignor has a realistic perception is
immaterial to the debate because it has nothing to do with any of the
allegations against Heritage.

Rich

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