Purchase from an auction house

IDProtected

Does anyone know what my rights are if an item purchased from an auction house is not what it was described to be? I bought a "Victorian" ring which has proved to have been made in 1973. On the same day I bought another ring with "tourmaline and small diamonds" and the stones have proved to by synthetic spinels.

I found out about these anomalies during the course of an insurance valuation. The valuer has valued both items at a higher price than paid but he says that this is how it should be; he has given a replacement price and says that the auction price should have been much less than this.

I'd be grateful for any advice that anyone can give me.

neilmcl

Normally, items purchased from Auction houses tend to be sold as seen, however if they've been misdescribed then clearly you have some comeback against them. What has the auction house said about it?

I'd be expecting a refund of price paid incl fees.

IDProtected

All they have offered to do is to sell them again for me for no fee. I don't really want to do this as I have spent money out on getting them re-sized and they could potentially reach a lower amount than I paid for them. The auction catalogue clearly states that one is Victorian (not in Victorian style or anything like that) and the other has 3 Tourmaline and 6 small diamonds. I feel really cheated.

zaax

You do have come back. But you my have to go to court for your right to be inforced

ThumbRemote

Would the OPs claim be against the auction house, or against the person who used the auction house to sell them?

IDProtected

Not sure, but I would think that I would have to claim against the Auction House; my receipt is from them so I think that I bought it from them rather than from the original owner, although I am not certain.

SnowTiger

IDProtected wrote: »

Not sure, but I would think that I would have to claim against the Auction House; my receipt is from them so I think that I bought it from them rather than from the original owner, although I am not certain.

If you paid by credit card you may be able to use Section 75.

With auctions I'm not sure whether you're buying from the auction house or the seller.

IDProtected

SnowTiger wrote: »

If you paid by credit card you may be able to use Section 75.

With auctions I'm not sure whether you're buying from the auction house or the seller.

Tempted to say "poo" as they were paid for in cash! To avoid the fees for paying by credit card, you know.

unholyangel

https://www.citizensadvice.org.uk/Documents/Advice%20factsheets/Consumer%20Affairs/c-buying-at-auction.pdf

IDProtected

Thank you so much unholy angel (not a phrase I have ever used before!!), this gives me some arguing power against the auction house.

IDProtected

The reply from the Auction House to my query quoting Sale of Goods is that "it is impossible now to even determine if these are indeed the same items". They no longer have a record of that catalogue in which the items were sold, and I think they are accusing me of fraud in some way. I'm very angry about this.