Wonder if anyone can throw some light on the following.
I bid on a painting at an auction recently and was the highest bidder so the painting was put down to my name. When I went the next day to pay for and collect the painting, the auctioneer couldn't find the painting!!! Then one of his colleagues said the owner took it home!! Can you believe it? What I want to know now is who is the rightful owner - the highest bidder whose bid was accepted or the owner of the painting. No idea why he took it home. Very lax procedures on the auctioneer's part. Have I any comeback? Auctioneer just apologised and promised to follow up. Haven't heard anything so far but would like to know if I have any rights before making contact again.
The legal profession would have a field day with such a disclaimer. A contract made by an agent is legally-enforceable against the principal....
It would be very difficult to have a legal case against them, for example...
"(c) The auctioneer acts as agent only, and therefore shall not be liable for any default of the purchaser or vendor." ...
In effect, the auctioneer gave your property to somebody else in circumstances where it should have been clear that the person wanted to deprive you of your rights to the property.
Thanks all for the replies and advice folks. According to the auctioneer's website it would appear that once the hammer goes down on a successful bid, then the article belongs to the bidder.
What if the seller had a minimum price, that's probably why he went off with the picture.
Is this worth pursuing?
If a reserve was set and not met in the auction, the item would have been withdrawn and not sold.
If this was the case surely the auctioneer would have said so? In the Homes under the Hammer programme when the reserve price is not met the auctioneer confirms this and withdraws the house. Negotiations usually take place after the auction and a deal is regularly struck between both parties.
If this was the case surely the auctioneer would have said so? In the Homes under the Hammer programme when the reserve price is not met the auctioneer confirms this and withdraws the house. Negotiations usually take place after the auction and a deal is regularly struck between both parties.
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