I Bought From a Auction House what are my rights?

[outelligent]

Hello,

 

I'll keep this brief because I know sometimes people can give a little to much information on these forums...

 

I bought a piece of antique Ivory from a auction via the-saleroom.com a fair while ago in April.

 

I was overall happy with it and I treasured it in my cabinet until recently.

 

I decide I would like to part with this item and I took this to a dealer in my local area who trades in ivory and I was shocked to learn that she very confidently believes this not to be ivory but instead some sort of resin and so of significantly less value.

 

I strongly feel I have been misled as the item listing was described as ' A small Ivory carving 4cm '

 

I would like any adivse on this matter because I know my rights are different than buying from a shop and I have had a look at the T&C's of the auction house one clause is below.

 

"11. The auctioneer undertakes that care has been taken to see that catalogue descriptions and condition reports are accurate, but these must be taken as matters of opinion only and shall not be taken as statements of fact. Buyers must make their own judgement as to the nature, authenticity or condition of any lot. The auctioneers do not give any warranty as to the title of the lots sold and will not be liable for any defect in such title"

 

 

How can they get away with this surely they have a responsibility to accurately list the items for sale?

 

Paul.

[raydetinu]

If you did not have the opportunity to examine it before hand and relied on the description then yes you would have a valid claim as it was incorrectly described!

You need to get an expert to check it out and give you a report then you can make a claim against the auction house; if they wont play ball you may have to take them to court.

This will depend on its value and if you can put up with all the aggro and stress.

[outelligent]

Yes! it was incorrectly described.

 

I was unsure if i could claim because auction returns are very different from retail and that get out clause in there T&C's.

 

I have not contacted the auction house yet so will first see how they respond.

 

I agree with you a independent expert may be needed to verify the authenticity but who would pay for that?

 

The value is £100.

[BRIGADIER2JCS]

You will have to have a properly attested report on the item to challenge this, seek out an expert dealer in ivory.

[outelligent]

but would I be able to claim back the cost of any report? otherwise it is not worth it.

[raydetinu]

or just put it back in auction and sell it!