Complaint Review: Tropic Estate Sales Silas Pierce

I lost my home to foreclosure after my mother whom I cared for died.  In February I was in a situation where I had to get moved out of the home or lose everything.  My home was truly a mess inside with trying to sort through things and my little dogs running and using the potty everywhere.  After checking the BBB and finding nothing reported I contacted Silas Pierce and explained my situation.  I had a lot of cut crystal and china from Germany that I needed to sell because I couldn't take it all with me.  Most of this had survived the bombing of Berlin during World War II and I was heartbroken that it would all end up destroyed and in the dump.  Among my items I was not planning to sell were a hand carved antique china cabinet, 2 wall clocks and a mantle clock over 100 years old, a German canister set and my cranberry cut crystal lamp.  When Silas came to my home he said he understood about the mess in the house and told me not to worry he had seen worse.  I showed him the items I wanted to sell.  He expressed interest in the clocks, lamp and china cabinet and at my reluctance told me he could get $1,500 for the china cabinet alone.  He told me we could put a "reserve" on these items and despite what is stated in his standard contract the items would not be reduced below the reserve price.  He also stated that he would keep the items at his warehouse with no cost to me.  If he had not sold the items within 2 to 3 months I could come and pickup the items at no charge and he and his people would help me load them into my trailer if I needed the help.  With these assurances I allowed Silas to take the china cabinet, the 3 clocks and the lamp.  Over the period of a week Silas and/or his assistant Scott came to the house and took items to a table sitting outside the front door where Scott made an inventory list of all the items.  Scott even asked me several times for descriptions of items.  Silas told me I would receive a copy of the full inventory once it was complete.  Silas also showed me a copy of his receipt book and how items were going to be recorded at the sales and told me I would receive a copy of what was sold and the amounts they sold for.  I was presented with a copy of his contract that he signed but was never ask to sign the contract myself.  He assured me that he had insurance that covered my belongings.  While loading items into his van Scott dropped an antique scoop that was part of a German canister set breaking the handle and devaluating the set.  Silas only response was that he thought he could glue it.

At the first sale Silas told me he sold almost $3,000 of my items but not the clocks, the china cabinet or the lamp.  When he paid me my money from that sale he deducted 35% for his fees, not the 25% he advertises on his website.  In the meantime I continued to pack my belongings and move to the Atlanta, GA area.  I had a full dinning room set with a china cabinet and a large corner cabinet that I had told Silas I wanted included in the estate sale.  On 3 separate occasions Silas came to my home saying he was going to pick up these items and I reminded him he would need a moving truck or trailer because of the size of the items.  Every time he came to my home he was in his red pickup truck with the shell over the bed and told me he forgot how big they were.  In the end he did not take the items and I ended up having to do a garage sale.

After the first weekend it was 2 to 3 weeks before Silas sold any more of my items.  Before leaving Florida on February 28, 2010 Silas presented me with another check for around $400.  I told him he would be able to contact me via my cell phone or email and I would keep in touch with him and let him know when I was settled.  I specifically asked him if in the mean time he could use Paypal to send me any additional money he might get from sales to which he told me yes.  However, the end of March when I was in Atlanta I spoke to Silas and he informed me that he did not have a Paypal account after a week of telling me would send me a payment via my Paypal account.    Since I was staying with my brother outside Atlanta at that time I gave him my brothers address to send me a check he said for another $500 he had sold.  Again I asked him to please send me the copy of the inventory he promised show what was sold and for how much.  Again I received a check for just over $300 and he had taken 35% out.  It took him more than 5 days from the time he was suppose to mail that check and a second phone call before it was even mailed.

In March I had received word from Silas that he was going to reduce the price on my German canister set and I sent him an email stating that I would not authorize a reduction in the amount on the set or any of the items I had placed a reserve on.  Approximately two weeks ago I spoke to Silas and he told me he had not sold the clocks, the china cabinet or the lamp.  I told him I was planning another trip down to Florida the first Tuesday in May, May 4, 2010 and I would come by to pick up those items.  He agreed to this.  On Monday, May 3, 2010 I called his home number to confirm the pickup with him. At that time I was informed he was not available, he had gone out of town and would not be back until Friday.  I told who I believe was his son about the arrangements we had made and that I would need to speak to Silas immediately because I could not reschedule the trip or make an additional trip I would need to be allowed access to pickup the items as pre-arranged.

Within the hour Silas Piece called me back and was very belligerent telling me that I had not given him sufficient time to sell the items.  During this call we were somehow disconnected and I tried repeatedly to call him back but only got his voice mail.  Several hours later upon returning home I discovered a voice mail from Silas yelling at me and telling me in order to pickup my items I would now have to pay him a percentage fee due to costs he had in advertising and storage.  He was also very nasty about providing anyone to help me load the items in my trailer as he originally had promised.  He stated he was in Pensacola on an emergency and had no one who could provide me access to my belongings.  All indications from him were he still had the items at that time.  Just prior to receiving the voice mail I had sent him an email informing him he was not to sell any more of my items in his possession that the items were to be returned to me with no additional fees per our original agreement.  Within less than 3 hours of his voice message I received an email from Silas that all of my items were sold including the china cabinet, clocks and the lamp.  I find this impossible that he sold them during that time frame as it was a Monday and his sales are held on Friday, Saturday and Sunday plus the fact he had stated he was out of town.  Since I told him I would be at the 512 Oak Lane address on Tuesday to pickup my belonging with the police if necessary Silas wrote the following:  DEAR MS. HILL, AS PER OUR SALES CONTRACT AGREEMENT ALL ITEMS ARE 35% FOR CONSIGNMENT. ALL ITEMS NOT SOLD ON THE FIRST OR SECOND DAY WILL BE SOLD FOR 1/2 OFF THE PRICE ON DAY THREE ( NOTE! YOUR CONTRACT ).I DO CARRY INSURANCE FOR CONTENTS,HOWEVER IT IS NOT WITH THE ACNA.YOUR ATTEMPT TO MAKE A FRAUDULENT THEFT CLAIM WITH MY INSURANCE COMPANY FOR THE ITEMS WE HAVE SOLD FOR YOU ON CONSIGNMENT WAS BE A BIG MISTAKE! OUR RECORDS SHOW WE HAVE SOLD OVER $5,000. OF YOUR ITEM AND YOU HAVE BEEN PAID !!!( I WILL TAKE NO PART IN YOUR INSURANCE SCAM!) ALSO THINK TWICE BEFORE YOU MAKE THAT FALSE POLICE REPORT FOR THEFT,THIS IS A CONSIGNMENT CONTRACT.AS PER OUR CONVERSATION I HAD FORGOTTEN WE HAD SOLD THE LAST FEW REMAINING ITEMS.A CHECK WILL SOON FOLLOW.THE SETTLEMENT PAPER WORK WILL NOT CHANGE, IT WILL REMAIN THE SAME AS THE LAST TWO SETTLEMENT SHEETS YOU HAVE RECEIVED.YOUR VERBAL THREATS ( RECORDED )AND YOUR 23 PHONE CALLS IN LESS THAN 1 HOUR WERE NOT TAKEN LIGHTY AND REPORTED TO THE AUTHORITIES  . TROPIC ESTATE SALES HAS NOW PLACED A NO TRESPASSING WARRANT OUT ON YOU. YOU WILL BE ARRESTED IF YOU COME ON TO ANY OF OUR PROPERTIES AND GO TO JAIL.

These threats are based on the fact that I called the Antiques & Collectables National Association to file a complaint against his company.  I did not ask to file a claim against his insurance.  The Association told me he was a member but membership is only for the purpose of insurance to which they informed me voluntarily that he had a liability policy through them but had allowed his inventory policy to lapse.  I also contacted the police departments in Maitland and Seminole county as the address is actually in the Seminole County jurisdiction in regards to the no trespassing warrant he sated he had filed against me and was told there was no such warrant and he could not have filed one until I actually went on his property.

I have filed a report with the Volusia County Sheriffs office who called Silas.  His response to them was that one of his associates had sold the remaining items last weekend.  I have since received the following response: DEAR SHARON ,I AM SORRY YOU ARE SO CONFUSED,I KNOW YOU ACKNOWLEDGED YOU WERE A LITTLE UNSTABLE WHEN YOU WERE EVICTED. NOW LET ME TRY TO CLEAR IT UP WITH YOU.WE HAVE A CONTRACT FOR 35% OF ALL SALES.ON DAY THREE OF ALL SALES ARE SOLD FOR 1/2 OFF.WE HAVE NO RESERVES ON ANY OF YOUR ITEMS. THE LAST OF YOUR REMAINING ITEMS WERE SOLD LAST WEEKEND ,EXCEPT FOR A SMALL BOX OF ITEMS WHICH INCLUDE YOUR PLASTIC DEER.YOUR CHECK IS FAR LESS THAN THE PRICE YOU ARE DEMANDING AND SOME WHERE AROUND $600.00, AS I TOLD THE VOLUSIA COUNTY SHERIFFS DEPT.AND I THINK THEY MAY AGREE YOU ARE PRONE TO PSYCHIATRIC PROBLEMS OR SUDDEN MOOD CHANGES.YOU CAN NOT SET YOUR OWN PERCENTAGE OR PRICES AND MUST COMPLY TO THE ORIGINAL CONTRACT.I WILL NOW SEEK DAMAGES FOR YOUR CONTINUED HARASSMENT AND YOUR FALSE ALLEGATIONS TO THE MAITLAND POLICE DEPT.,THE ATTORNEY GENERALS OFFICE,VOLUSIA COUNTY SHERIFFS,ANTIQUES.NET,THE NATIONAL ANTIQUES AND COLLECTABLES ASSOC.,AND MY INSURANCE CO.I WISH FOR YOU TO NEVER CONTACT ME AGAIN HOWEVER, I WILL TALK TO YOUR GUARDIAN, CAREGIVER OR DOCTOR SO MAYBE THEY CAN EXPLAIN IT TO YOU BETTER THAN I CAN.DOES YOUR BROTHER (JERRY) HAVE POWER OF ATTORNEY? MAYBE I CAN TALK TO HIM BEFORE YOU GET SUED FOR DAMAGES.

These message clearly demonstrate a less than professional conduct from Silas Pierce.  When caught in a deception Silas Pierce responds with a threatening bully attitude and is prone to false and slanderous statements.

I was wrong to trust this man and accept his verbal agreements and have now lost items that I grew up with and that hold a great sentimental value to me.  Silas Pierce knew the duress I was under and took advantage of that for his own personal gain at my expense.