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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7478
Experience:  BA (Hons), PgDip, Practising Solicitor
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If I have purchased an item at auction, auctioneer has accepted

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If I have purchased an item at auction, auctioneer has accepted full payment but cannot now deliver goods as fears these may have been stolen between auction and collection, what are my rights to compensation ?
Hi

By marketing the items at auction the seller has effectively warranted to you that they hold the legal title for the item and are therefore legally entitled to sell the items to you.

Having legal title to an item is a pre contractual requisite in an auction of this type. Therefore, if the seller is now saying that they have concerns that they don't have the legal title and then this subsequently proves to be the case then you will be able to see them for breach of contract.

The damages you will receive from the seller when you come to sue him for this will be so that you will be put in the same financial position as you would often how to breach not occurred. This means that you available to sue them for all the money that your plate plus legal expenses plus other expenses plus interest plus remote for your timeand a nominal amount for inconvenience.

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Kind regards

Tom
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Customer: replied 3 years ago.


The answer provided did not answer my specific question relating to auctioneers liability.... The answer provided related to 'The Seller', which was less relevent upon conclusion of sale when goods cannot now be delivered to me.

Hi

The auctioneers usually act as a chance for the seller of the item at auction since legal title usually remains in the cellar and the auctioneer simply arranges the auction on the sellers behalf. This being the case the auctioneer is not exposed to liability but the seller is.

If the auctioneer owned item then your liability would be against them but in most cases this is not what happens at auction. Though you may consider checking with the auctioneer dir directly.

Tom
Customer: replied 3 years ago.

Tom,


 


Upon the conclusion of sale with the seller, i.e paid for by me to the auctioneer, the goods,until collected are in the care, custody and control of auctioneer. If the auctioneer has 'lost' the goods before my collection, he must have a potential liability to me as bailee of the goods.

Hi

The seller will have a counter claim against the auctioneer of course but your recourse should be against the seller.

Tom