Auctioneer negligence claims and discretion
Auctioneers normally have a duty of care to both seller and buyer, and although auctioneer negligence claims are a highly specialised area of law which require expert knowledge, in cases where there has been a breach of this duty of care and financial loss has arisen as a result, a professional negligence lawyer may be able to help secure appropriate financial redress.
Discretion
The world of auctioneering is a very elite one in which appearances are often key. As such, when embarking on an auctioneer negligence claim , discretion can be key.
This may mean avoiding the publicity and inconvenience of the court system, where possible, and instead looking to build a positive relationship with the defendant’s legal team.
Doing this is frequently the best way of obtaining settlement in even the most high-value cases.
However, in the most contentious and insoluble-seeming of cases it may be necessary to take robust action through the courts – the reality in many cases is that when faced with the prospect of lengthy court action and the risk of reputational damage, many auction houses are quick to seek an alternative means of remedy.
Grounds for a claim
There are several instances in which there may be grounds for an auctioneer negligence claim, including the following:
- Misdescription of goods
- Over-valuation
- Failure to identify origins or authorship of a piece
- Physical damage to a piece
Healys LLP negligence lawyers
For specialist professional negligence lawyers who understand the issues related to negligence claims, contact Healys LLP today.
We work with imagination and determination to bring innovative and creative legal solutions to the benefit of our clients. We can help secure substantial sums in compensation for our clients, often while keeping cases out of the courts.
Talk to our Brighton and London teams, contact us by using our call-back form, email a partner or call directly on 020 7822 4106
I purchased an abandoned storage unit of valuable F1 framed pictures, canvasses and memorabilia, I took them to my local auction house ( Halifax , west Yorkshire ). I told the auctioneer I wanted a minimum price put on the items, he wrote on a form TBC under the reserve/price guide column.
He has chosen to ignore this and has sold some of the items well below what I was expecting. He says that by signing this form I gave him the green light to sell them for whatever he can get. I have told him I want the rest of the items back and he is now telling me that I will have to pay £200 storage fee, he still hasn’t paid me anything from the auction which was on the 3rd of July .
I would be grateful if you could give me any information as to what I should do next in order to redress this .
Kind regards
Greg Nixon
Thank you for contacting us, Greg. Please email our team at enquiries@healys.old-website.shout-loud.co.uk with your enquiry, along with your contact number, and they can direct you to the right team.
I need a lawyer to help me to take my case further . It is against an auction house based at Cambridge. They damaged some of my jewellery while they were in their care. I can give you full details what I have done in order to seek compensation.
I would be grateful if you could advise me where I am now.
Best Regards
Chrissy
Thank you for your comment Chrissy.
In order to ensure your enquiry reaches the correct legal advisor, please email details of your matter, along with your contact number, to enquiries@healys.old-website.shout-loud.co.uk
if an auctioneer fails to receive funds from the winning bidder what is their responsibility? In my case, an item has not yet been paid for, and the auctioneer told me they would put the item – a painting – back into auction starting at the price the buyer offered and was accepted. What happnes then if there isn’t an offer to match – or none at all?
Thank you for your enquiry Trevor.
If you would like any further advice or guidance regarding professional negligence, please do contact us at enquiries@healys.old-website.shout-loud.co.uk.