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Auctioneer wants lot returned

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  • Auctioneer wants lot returned

    I recently won a lot at an auction house but have been notified by the auctioneer that there has been an ownership issue occur due to the seller/“owner” being an elderly man with memory issues.

    The lot itself includes an African bronze mask. There was a sale specialising in African masks a few weeks ago at the same auction house. It is likely worth substantially more than the amount I paid for the lot.

    I suspect (but cannot prove) that this item was mistakenly included in general sales rather than the specialist art auction, resulting in a lower hammer price than expected and I am being fed a story in an attempt for the auctioneer to save face/money. Perhaps I’m being paranoid or cynical, but it does seem an odd coincidence.

    I realise if their story is true and the person who offered it for auction wasn’t the legal owner of the item that I don’t really have a leg to stand on. However, as I suspect they are not being honest and experiencing sellers remorse or trying to cover up a mistake, I would like to explore my options.

    Do I prejudice myself in any way by simply saying no? At the moment the only communication I have had is over the phone. I’ve confirmed I’m still in possession of the lot and said I would get back to them with an answer. One thought I had was to ask that their request including reason given be put in writing, which presumably they would be reluctant to do if they are lying but perfectly happy to do if the story is genuine. If they are forced to have a solicitor write a letter to me to insist the items are returned (at this stage I would almost certainly comply as it’s clear they are serious) would I be on the hook for any legal fees? Would I be opening myself up to criminal prosecution by not returning the lot based on the verbal exchange, within some fairly short timeframe?
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  • #2
    I would first examine the terms and conditions of the auction.
    I would then need to see medical proof that the seller lacked capacity (not just a solicitors letter)
    If he does lack capacity I would also want to see proof that someone else owned the property.
    That is proof of real ownership, such as a police report or a court order.

    You have no worries regarding criminal prosecution.
    If you fail to return the goods the most the legitimate owner can do is make a county court claim in an attempt to recover them

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