Urgent Advice Sought—Auctioneer adds £600 fee before imminent house completion/clearance

Rinchen

My sister and I have been left in a very difficult position following our father's death.

His assets were left to his wealthy family lineage and, now 3.5 years after his death, after an incalculable amount of stress, work and significant financial liabilities, my sister and I stand to inherit only a proportion of a property containing some antiques and furniture. These items originally had value but have fallen out of fashion over time, such that most pieces are now valued at between £30 and £120. Several professional valuations estimate that we could actually end up in deficit once commission and associated costs are paid. The property is in Wirral, Cheshire, within reach of Manchester, Liverpool, Chester and North Wales.

The house must be completely cleared before completion proposed for 30 June (this date is pending confirmation due to a mortgage complication on the part of the buyers).

In February, we arranged for an auction house about 45 minutes drive away to handle the sale of the so-called 'heirlooms.' The auctioneer offered a commission rate of 15% (reduced from an initial 30%, though this may be a sales strategy) because of the relatively large number of items involved.

Collection was booked for this coming Monday. The garage, garden and property need to be completely cleared. The house has also been my sole residence and, after completion, I have only a few days of temporary accommodation confirmed and thereafter my situation is unknown. To say these weeks have been extraordinarily stressful would be an understatement.

After several email exchanges about adding some additional items, and after a period during which the auctioneer had seemingly ignored the specific points raised in my messages, he suddenly informed us there would also be a £600 flat fee. Neither the auctioneer nor his daughter, who we initially dealt with, had ever mentioned this charge before. Had we known about it, it would have significantly affected our decision-making and whether using them was worthwhile. I would certainly have researched alternative options.
 
Based on our previous conversations (during which there had been ample opportunity to mention the £600 charge), I mistakenly understood the £600 fee to relate only to the non-antique 'general-sale' items. I therefore replied that we would avoid that cost by donating those items to charity.

For reference, these 'general-sale items are attractive stripped pine and oak pieces, including a chest of drawers, linen chest, wardrobes and similar furniture (king sized sleigh bed) that sell for £200-500 on eBay, I have tried selling them via online platforms, but it has been an absolute nightmare and a fruitless endeavour of multiple time-wasters and failed collections. The items are also too heavy for me to move without significant assistance.

The auctioneer then clarified that the £600 fee was, in fact, a mandatory part of the overall process. When I asked why the terms (and especially the £600 fee) had not been made clear at the outset, the auctioneer exploded in an angry outburst and asked whether I expected them to work for nothing. I replied that, during our earlier conversations, he had stated that 'the 15% was to cover their time.'

I work in business and believe that terms and conditions should be made clear and transparent at every stage of a transaction. This avoids misunderstandings and unpleasant surprises. The whole situation has, in my opinion, been handled poorly and has left us with very little time to make alternative arrangements. Ideally, I would prefer not to deal with someone who has been so derogatory and dismissive. I don't think this person is intentionally duplicitous but the way they do business and the way this matter has been handled is not ideal to say the least.

For reference, no written quotation, Ts & Cs or fee schedule mentioning the £600 charge and/or 15% commission was supplied. It was all done in a verbal agreement, though I took detailed notes that I later emailed to my family on the day of our initial conversation (back in February). So all of this has a record. 

If relevant, I can provide further details.

We would be *extremely* grateful for any advice or suggestions:

• What options do we have if we don't proceed with this auction house?
• Are there any other solutions to maximise/recoup (even some of) the value of these items while still meeting the very tight property clearance deadline?
• Given the very tight timescale before the property sale completes, what would others do in our position?
• Are there any practical alternatives for selling these items quickly?

Any advice would be *greatly* appreciated.

For reference, the main items are listed below. There are approximately the same number again of lower-value items.

Black Queen Victoria drop-leaf table (c.1900): £60–80

Historic chair (1700s; valuer noted that the carved back may not be original and that it is somewhat worn): £40–50

1920s mahogany chest: £50–80

Edwardian nursing chair: £30–40

Small carved wall shelf: £80–120

Victorian gilt picture frame and print: £30–40

1920s oak trestle dining table: £60–80

Corner cabinet: £80–120

Sideboard: £30–40

Office swivel chair: £80–120

Oil lamp (study): £20–30

Fire grate: £50–60

Tall narrow cabinet (rear left bedroom): £50–60

Victorian ormolu-mounted pier cabinet with three shelves: £80–120

Longcase 8-day clock (working): £200–300

Drumhead clock (if working - which is unlikely): £80–100

Two Vienna regulator clocks: £80-120.

Large oval and rectangle carved Victorian mirrors.

Large array of lace, pewter, fine china tableware, etc.

Woodstok2000

Is the £600 on top of the 15%, or is it a minimum fee that would only apply if the sale proceeds don't reach £4000?

Grumpelstiltskin

What do the auctioneers say on their website about fees charged to sellers?

ADD This is an auction house I deal with, their conditions are spelt out on the website.

Arthur Johnson & Son | Buying & Selling | Selling

Flugelhorn

Several professional valuations estimate that we could actually end up in deficit once commission and associated costs are paid. 

You mention this - are you the executors? if not then surely it is the execs responsibility to clear the place and any costs should come out of the estate and certainly not leave you in deficit

Rinchen

Thank you all very much for your kind, helpful and thoughtful responses, which are much appreciated. Thanks, too, for the link to the reputable firm.

Since I posted the enquiry I set off on an investigative trip and am really thankful I may well have found preferable local/Wirral alternatives that will enable us to cancel the arrangement with the aforementioned auction house. Even if we derive a much reduced financial outcome, we will not have the indignity of dealing with someone who has IMO been unprofessional and borderline abusive.

From my 1:1 conversations with auctioneers today, it seems the £600 (which, to answer Woodstok2000, is on top of the 15% and is not based on reaching any stipulated minimum) has been an arbitrary additional charge set by the auction house manager and his outburst seems to have been a way of avoiding answering a perfectly legitimate and logical question.

We are not executors and that has been part of the issue as the Executor was extremely difficult and problematic. The heirlooms were passed to us and any proceeds from their sale would be our only potential financial benefit.

Apparently, the main person who told us we could be in deficit has a reputation for similar shenanigans. Several other antiques dealers also raised concerns about the person described in the post above.

As it's often said, no pressure, no diamonds; no grit, no pearls; no mud, no lotus…

So thanks to your kindness and responsiveness, together with that of the good people of Wirral, it seems that something positive may come out of what has been an extremely challenging experience.

Thank You!

Keep_pedalling

Frankly in your position I would take the items that I want to keep or are easy to sell and leave the rest where they are. It is the executors job to clear the place not you.

Flugelhorn

https://forums.moneysavingexpert.com/discussion/comment/82042157#Comment_82042157

I agree - if the place is not empty then that the is the execs problem not the OPs

BikingBud

What did the will say - that you are to receive those items or to receive a portion of the estate, after liquidation.

Did you agree to receive said items as that appeared to be more beneficial or did the executors tell you take it or leave it?

If you are to be left proportion then I would go back to the executors and advise that it is not your role to generate the sales and you wish to see your legacy in cash.

Rinchen

The Executors have inherited the majority our father's financial assets and are no longer involved. The clearance of the property has fallen to me as my immediate family are suffering grave health challenges and cannot offer any help or support. We'll almost definitely use a local firm that the money gained is likely to be much less than the original firm, which has an international client-base, but at least we won't have to deal with the man I mentioned in the post. It's an awfully stressful experience and I just hope we are ready to complete next week.

Cubicsrube

Confused - did your father's will leave all the non-property assets to others, and a house plus its contents to you? How did the house come into your possession then — did the executors get probate and simply change the title to your name? In that case don't you also end up getting the proceeds of the house sale (and could choose not to sell if you wanted?)

Whether the executors inherited anything personally, and whether they have received it, doesn't change the fact that they are responsible for winding up the whole estate.

Flugelhorn

Whether the executors inherited anything personally, and whether they have received it, doesn't change the fact that they are responsible for winding up the whole estate.

definitely this ^ - they can't not be responsible for sorting the estate - if the "stuff" is still in the property it is their problem