Complaints

• Initial Complaint

  10/12/2023

  Complaint Type:

  Order Issues

  Status:

  Unresolved

  More info

  In May of 2023, I contacted J.W. Holcomb regarding removing and selling the contents of a commercial building that I had up for sale. The contents consisted of thousands of dollars worth of antiques, art and building supplies. Prospective buyers could not adequately see the building for the contents according to the realtor. Mr. Holcomb said he would remove all of the contents to a warehouse or other locations where they would be put on multiple sites for sale. I signed a contract with him which awarded me 70% of all sales and him 30% of the sales. Subsequently, he came the next couple of days for 3-4 hours each day, removing some items. After that, he just left the rest of the inventory. I called and complained that this was not what we agreed to when I signed the contract. He said that his helpers would take the rest of the inventory to the back part of the building where they could be sold. This was not satisfactory, but it was all I could get from him. From May-August, his helpers would come from time to time with buyers until all of the inventory was gone. Upon the completion of all of the sales from the back of the building, not including what items he initially took, I asked for my 70% and an accounting of the sales. He would not answer my texts and calls. When I finally became angry, he said he was ready to email me the final accounting. Of course this did not happen and until this day I have not received anything from him. Since I had to open the building each time his helpers came to sell, I was privy to the worth of what they were selling for cash. Just to give one example of what was sold was flooring that was bought by us for 30,000. if I had been smart, I would have checked the BBB complaints about him before signing the contract. They mirror mine.

  Business response

  10/19/2023

  Have spoken to and emailed them the accounting which was roughly $1200 from the back storage area of the property. I am acting per the consignment contract Mrs ********* signed per the items we have to sell for her we have sold $1500.00 in items. Not including the $1200 from the clean out which was not part of the original agreement Mrs ********* says I was there 2 days there was someone there in the back working for nearly 3 weeks to help her clean out the back area which is not what our contract is / she made some sort of verbal arrangements with a 3rd party which I also use to clear out debris - the items on consignment are still in storage as Mrs ********* halted the sale of some of her nice husbands collectibles that she apparently was not supposed to sell. she was very insistent on the back area being cleaned out and items removed. Our service was to consign sellable collectibles and other items not clean out a building - so she was there giving direction to 2 other people cleaning out the back space and many items were hauled to the dump and she paid them to do that and other items like wood and bricks a broken canoe, and I sellable safe and more was hauled off free for her and not sold. I’ve emailed her 3 times and am again acting per our contract which has no time limit on the selling of items. And payout of items sold when payout reached a substantial amount. Communication is lacking on both sides and up until couple  weeks ago I was unable to connect with her by phone as she gave me a number to a full voicemail phone. so as it stands $1200 from back area sold and $1500 from consigned items. $2700.00 -30% is owed to Mrs *********. she is very nice but very forgetful of verbal arrangements and demands in regards to the back of building items and the people helping her were to be compensated for time spent there which I had to compensate because she asked them to do extra work. she will receive a payment for items sold thus far by nov 15th then remaining items sold and paid within 2 weeks of close of sale. I’ll attached a contract copy which states I control pricing of items and so on: she wanted me to not sell items unless they sold for a certain amount so i stop the progress of selling the items for fear she would be upset if they did not sell for what she wanted. I explained to her that I had a few projects to work on, and would get back to selling her items in November. This was in an email sent. 

  Customer response

  10/24/2023

  Mr. Holcomb's response was nothing but fiction- alternative facts .I will only focus on the $1200 he claims represents the sales receipts from the back of the building. As I stated in my original complaint, he only took some things with him and left the bulk of the items to be sold behind. He broke the agreement I had with him to remove all of the items to another location and, as he said, to be sold on multiple sites or to be auctioned. When I complained that he did not do what he said he would do, he then told his workers to move all that was left to the back of the building to be sold. He said that his workers were good people and I could trust them. He states in his response that the items left to be sold in the back were not collectibles and thus not consigned. I consigned ALL of the items in the building with him,  He further adds that because the items in the back were not worth much, his workers spent 3 WEEKS, helping me to clean the building and cart items to the dump out of the goodness of their hearts. Quite to the contrary, HIS workers spent 3 MONTHS SELLING these items almost on a daily basis to customers both in and out of town. I was there every time they sold because they could not get in the building unless I let them in. I have texts from them asking to be let in from May-August. I also can give you a list of what was sold. They sold everything for cash and I assumed everything was good and I would be getting my 70% at the conclusion and Mr. Holcomb would get his 30% .  I would estimate the sales to be in excess of $10,000. Mr. Holcomb infers that I had a separate agreement with his employees only to clean. The ONLY separate agreement I had with them was to clean up the trash and mop  the front part of the building before the sales started and to pay them at the end of the sales to do the same.  What happened to all the money from the sales? Mr. Holcomb portrays these workers as a cleanup crew he hires from time to time. They told me that they work for him on all his estate sales, both in and out of town. They are his employees. I waited until they had sold everything before I asked for an accounting. One of the only communications I received from Mr. Holcomb was that he was having ******(one of the two workers) sign off on the accounting and then he would be emailing it to me ASAP(this was 3-4 weeks ago). Then he claims that I did not give him my email address which I gave him twice. Only  by filing this complaint, did I find out anything about the proceeds from the sales. I would like an accounting of what he claims he has sold and what is left to be sold.    Regards, ***** ********* 

• Initial Complaint

  03/28/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  On Jan 12, 23, I entered into a consignment agreement contract with JW Holcomb. He seemed eager to get and sell my **** **** collection and said he could get 10 to 12,000 from them. I was given 2,000 up front, was laid off needed it for bills which is why i was selling them. A called after a couple weeks to give time to take photos get it ready to sell, but he had not started, he got mad and yelled saying I won't sell any. I will get my attorney and make you give all my money what 30% of them selling would be, you give me 5,000 and take them back. He knows i couldn't do that needed money. He said isell my way, my items my way, I said my items you are selling for me, got mad again. A month went by calls, nothing, he called said I sold 2,000 so we are clear on what i give you, didn't give me money. Then early March he called said i sold 1,500 more, 200 goes to the 2,000 and the rest is yours, no money. He saidi will come by, he didn't said I'm sick, car isses, birthday, other sales, wouldn't see me or give any money. I went to see him at ******* ******** where the things are, door locked, text and he said got covid, I will come out with a mask. He give me 800 and said more sold waiting to clear its a process. I call and text several times, he doesn't respond, did have him call back said he has to send money to the bank get 400 at a time, he would see me last week 3 days nothing. He said i have a sell on ****** ***** come by or we work something out on Mon Mar 27, would tell me where it was to meet him. I got nothing and tried calling and it goes to voice mail every time for the past 2 days. I don't know if he blocked the number. I was also told he would sell lots of them fast, then said he has to wait for individual item money he isn't giving me 10 and 12 bucks at a time and savei it to give me more. I have bills, things getting cut off, can't get gas, can't eat. The items are the most valuable thing i have, book value 40 to 50,000. I need your help. Thank you.

  Business response

  03/29/2023

  we have acted per the sale contracted that the client signed and have even advanced money ahead of time for client. client is not following contract guidelines. Client will not accept payment other than cash and expects us to deliver cash an hour away. Contract states payment due upon entire sale completion, however we have advanced the client upwards of $3000.00 cash and have $1000 on hand which they have been notified of. Also client ignores contract pertaining to listing fees, expenses, packing supplies, and other fees outlines in contract. Client is unreasonable and not reading the contract and making up terms on conditions on the fly and the sale is not complete... Client didnt hear from us for 32 hours and complained on BBB. I text him daily and talk to im weekly with updates. I have compete inventory of sales thru auction platform and expenses logged. He has been paid above and beyond and invited to pick up another payment. 

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩