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Am I liable or the auction house?
I recently dropped some inherited jewellery of to a local auction house for sale. I stated from the start I didn't know about all the items as they were inherited. Understanding this the auction house tested some items for me and sold one specific item for several thousand pounds. They have now come back saying that the seller says the item is fake and they have refunded him. They are saying that their test showed it was 18k gold but the buyer says this is plated and not solid all the way through?
How can this happen and if they have tested it are they or I liable for the refund? They have refused to give me the money for the sale although they tested it and misrepresented to both the buyer and me. They have started that everything else was fine, but I am now worrying about the quality and accuracy of their testing.
I really appreciate any guidance, as this is a lot of money to think I was gaining and then to be denied though no fault of my own.
Comments
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Its fairly basic stuff to tell the difference between plate and solid gold
What liability are you talking about? The sale has been rescinded so you can ask them to sell it again or return the item to you.
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Thank you, I would have thought that their testing should have showed whether it was plated or not. They are basically saying we have to take the hit on the money, not them, as it wasn't as described. This seems unfair as we relied on them to test and accurately list the item. We have also paid fees for listing the item etc.
They have said that they are now going to 'retest' it and have asked for another person to come and make a determination. We are going to get the item returned, but they are 'keeping it safe' currently whilst they get it retested.
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You certainly arent entitled to the sales value, it's not your "fault" but that doesnt mean you are entitled to the money. I would certainly challenge them on the listing fee if they made a mistake in the listing but if you are going to allow them to list it again then it does become payable anyway.
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Thanks, I really appreciate the advice. Lets see what the retesting says as they have allowed the buyer to return it and gain a refund based on him saying it is plated. Have a great afternoon!
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So, as it stands the auction house has the item and you haven't lost anything. It sounds like the auction house missold the item, either deliberately or accidentally. It's not unusual either way.
Did all the other items sell?
If it was me I'd ask for any items they have back and go somewhere else, but make sure you get paid out on any other items first as they may take a chunk of fees off. You might want to check they aren't taking seller fees off for the item they've had refunded.
Is this a reputable company with a decent history or relatively new? There has been a company near me sending out glossy brochures and saying they are local but they don't seem particularly legit when I've looked into them. This may not be the case here, just wondering….0
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