# Painting bought at auction



## Paddylast (22 Jul 2014)

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.


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## Sunny (22 Jul 2014)

Paddylast said:


> 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.


 
Can't really help on the legalities but that's a good story! Sounds bizarre. I would imagine you are the owner if the auctioneer accepted your bid but I don't know.


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## Padraigb (22 Jul 2014)

If your bid is accepted and the auctioneer knocks the lot down to you, you have a binding contract. Make it clear to the auctioneer that you are willing to sue for specific performance. It is then the auctioneer's problem to retrieve the picture from the former owner.


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## Brendan Burgess (22 Jul 2014)

Hi Paddy

Wait until you hear back from the auctioneer. 

It was probably a simple misunderstanding and the seller will return it to the auctioneer. 

If the owner refuses, there is probably very little you can do about it in practice. Check out the terms and conditions of the auctioneer. For example, here are the Whyte's terms and conditions

http://www.whytes.ie/index.asp

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." 

Did you get an especially good bargain?  Did the auctioneer make a mistake? Was it knocked down for a price far below the lower estimate? 

If the auctioneer made a mistake, they will probably try to rectify it. If the seller doesn't cooperate, the auctioneer might do a commission deal with you on the next work to come up by that artist. 

I have seen very strange things at auction.  I was telephone bidding on a painting and it was knocked down to a higher bidder after I withdrew. It was knocked down for a higher price than the lower reserve. It appeared the next day as withdrawn. I am convinced that the auctioneer was taking bids off the wall in an effort to push up the price, which by the way, is perfectly legal.


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## Padraigb (22 Jul 2014)

Brendan Burgess said:


> ...
> 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." ...


The legal profession would have a field day with such a disclaimer. A contract made by an agent is legally-enforceable against the principal.

Edit: On reflection, I'll adjust my position. The disclaimer is disingenuous rather than wrong. An enforceable contract exists between the vendor and OP. The auctioneer has some responsibility to OP to assist, probably by giving OP help in tracing the vendor so as to initiate proceedings.


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## Paddylast (22 Jul 2014)

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. Here is the relevant line:
_[FONT=&quot] [/FONT]_
_[FONT=&quot]While the possession in a lot shall not pass to the [/FONT]__[FONT=&quot] [/FONT]__[FONT=&quot]Buyer until he/she has paid the purchase price in full, [/FONT]__[FONT=&quot] [/FONT]_*[FONT=&quot]ownership of the offered lot shall pass to[/FONT]**[FONT=&quot] the buyer upon the fall of the hammer when the auctioneer [/FONT]**[FONT=&quot] [/FONT]**[FONT=&quot] announces the lot has been sold[/FONT]**[FONT=&quot]. From which point the buyer shall assume full risk and responsibility for the lot[/FONT]**[FONT=&quot].[/FONT]*


Although I do want to have the picture, I'll pursue this on principle. They haven't had the decency to make contact even to give me an update.


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## Padraigb (22 Jul 2014)

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.

It might be worth pointing out to the auctioneer that if this behaviour became widely-known (for example, in the media) it could have a very bad effect on the firm's reputation. Mention also that if it becomes necessary for you to proceed through the courts to recover your property, then it would be virtually impossible for the auctioneer to avoid negative publicity.


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## Brendan Burgess (23 Jul 2014)

Padraigb said:


> 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.*



I think you are jumping to conclusions here. The most likely explanation is an administrative error.  There are often around 600 lots, and sometimes thousands of lots in a sale.  The first few days after the sale are often manic. I can easily understand how an error occurs. 

It may turn out that the seller changed his mind, but from the information in this thread, an administrative error is the most likely explanation.


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## Bronte (23 Jul 2014)

Paddylast said:


> 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?


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## Leo (23 Jul 2014)

Bronte said:


> 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.


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## Sue Ellen (23 Jul 2014)

Leo said:


> 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.


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## Sunny (23 Jul 2014)

Sue Ellen said:


> 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.



And people say daytime tv is not educational!


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## Leo (23 Jul 2014)

Sue Ellen said:


> 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.



Yeah, that was my point. The auctioneer would make it very clear that the reserve had not been met and the item was being withdrawn from auction. The hammer would never fall...


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## Brendan Burgess (23 Jul 2014)

Sunny said:


> And people say daytime tv is not educational!


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