Auction item turns out to be fake

heeddaball

Hi
about 4 weeks ago I bought a Gibson guitar in an auction from an auction house. I did some research before buying and it appeared it was genuine. I bid online as I could not attend the auction in person and paid by credit card. the Guitar was advertised as "Gibson made in USA possible Repro" apparently the auctioneer made a statement about being not being able to verify the Guitar as a genuine Gibson during the auction which I did not witness. I had already placed my bid on line (which would increased up to my max during the auction) and this bid was locked in 1 hour before the auction starts. I won and was quite happy with the guitar until while researching parts from Gibson to repair Gibson checked out the guitar and told me it is a fake ( they have even sent me a letter confirming its a fake ). I have since gone back to the auction house who says its too late to attempt to get my money back as he has paid out to the seller and that he has completed his legal duty in this. I'm still trying to get some kind of offer or goodwill from him as first port of call. Can I claim a refund via Section 75 as the guitar is now proven to be a fake - I am giving him the benefit of the doubt that he didn't know either but in reality I suspect he knew based on how he replied to my emails. Any help or guidance would be most appreciated.

wealdroam

Because this item was bought at auction, I suspect you might get a better answer on

The Ebay, Auctions, Car Boot & Jumble Sales Board

You only have a claim under Section 75 if you have a claim against the seller (or perhaps the auction house).

Caz3121

heeddaball wrote: »

the Guitar was advertised as "Gibson made in USA possible Repro"

Was this the advert you saw before you bid? in which case you would have known that it was possibly a reproduction (which it turned out to be)

peachyprice

heeddaball wrote: »

Hi
Guitar was advertised as "Gibson made in USA possible Repro"

What did you think 'possible repro' meant?

daytona0

heeddaball wrote: »

Can I claim a refund via Section 75 as the guitar is now proven to be a fake - I am giving him the benefit of the doubt that he didn't know either but in reality I suspect he knew based on how he replied to my emails. Any help or guidance would be most appreciated.

You can most certainly REQUEST a section 75 with your credit card issuer if the purchase qualifies for that.

Whether or not the CC issuer and/or the auction house dispute it is another matter...

1. Given that you quoted the title and it had "Repro" in it, I'm inclined to believe that you have absolutely no case. Completely clear cut!

2. You say "fake" but, and this is something which admittedly isn't acknowledged all of the time, it is perfectly possible for a "fake" item to be legal; a reproduction for example. I imagine that you'd need to contact the manufacturer of the guitar and ask for an assessment/report which states that it is a FAKE, as apposed to merely a REPRODUCTION, to qualify as having evidence here.

d123

Quizzical_Squirrel wrote: »

Yes, I think we need to clarify the difference between fake and reproduction in this context.

Can the term reproduction be generally regarded as an official reissue of a classic guitar, for instance?

By it's definition, reproduction means it's a copy.

reproduction
riːprəˈdʌkʃ(ə)n/
noun
1.
the action or process of copying something.

hollydays

If this thread is genuine...
It is written into online auctions to read the catalogue and ask any questions before you bid online .Its also usual to contact the auction house and ask for more photos if required.
It's in the t& cs

heeddaball

Gibson issue reproduction versions of classic ie 1959 gibsons matching the spec as close as possible. there are thousands of Les Paul copies out there. Ephitone also make them. I checked to serial number and it matched a Gibson serial number from 1995, Also at that time it was a heavy guitar (they put cavities into it at a later date) this is a heavy guitar. it was in rough condition and had marks on the fret board as if well used. my gripe is that he should not have said it was a Gibson. he could simply say Les Paul possibly Repro. His reaction was not "sorry didn't realise - it was more tough Sh*t. I didnt attend the auction I bid on line. I didnt discover it was a fake till Gibson wrote to me a week ago. I have even offered to reduce it to his fee only as I cant get to the seller - just the agent but getting nowhere

peachyprice

You still haven't asnwered. Is it a repro, is it a fake of a repro or is it a fake of an original?

LilElvis

Did the sale listing say it was possibly a reproduction, or did the auctioneer only make the statement on the day of sale after you had placed your bid and it was too late to retract?

DoaM

If it's the item linked earlier in this thread (post #4) ...

GIBSON LES PAUL CUSTOM GUITAR (MADE IN USA, POSSIBLY REPRO)