MEDIA — A Wayne resident is suing an auction company, citing alleged fraud, negligent misrepresentation and unjust enrichment.
D. Robert Freeman filed a complaint on Oct. 1 in the Delaware County Court of Common Pleas against Coach's Corner Sports Auction LLC, Lee Trythall, Scott Malack and Nick Malack for alleged violation of the Magnuson-Moss Warranty Act.
According to the complaint, between March 2017 and May 2017, D. Robert Freeman participated in three of the defendants' online auctions for advertised lots. After winning auctions, plaintiff claims he paid defendant Coach's Corner in the full amount of $26,633.95 for 249 lots that were in majority advertised as certified/authenticated in the listings.
However, plaintiff claims each certificate is unsigned and the authentication methodology is undisclosed. Furthermore, plaintiff discovered allegations that defendant is selling fakes and forgeries, not honoring certificates, and has been banned from selling on auction site eBay, the suit says. Despite plaintiff's request of the certification authenticity of the properties, defendant allegedly refused to provide information and refused to refund his payment.
The plaintiff holds the defendants responsible because they allegedly failed to conform to the written warranty as the sold lots lacked authenticity that cannot be repaired or replaced and refused to remedy the issue by refunding plaintiff's payment.
The plaintiff requests a trial by jury and seeks judgment for compensatory, incidental, treble and/or punitive damages, attorneys' fees, costs, and for such other and further relief as the court deems equitable or just under the circumstances. He is represented by Melissa Freeman of Freeman Law Firm LLC in Philadelphia.