Auctions

[Rogerisok]

I gave a picture to an auction house to sell. It did not sell. The auction house agreed to return the picture to me if it did not sell. Despite emails to the company and them agreeing to return it to me they have not done so. The phone now just rings. They are based at the other end of the country so I cannot easily go there. If the company stops trading who owns the painting and will it be returned to me? What action can I take?

Roger

[jaguarsuk]

You own the painting, you didn't sell it to them they are merely your agent.

You would need to write a letter to them demanding the return of the painting and stating that they should return it on basis of the Torts (interference with goods) Act 1977.

If they do not you would need to make an application to the court at a cost of £255 under section 1(a) and remedy as an order of return under s3(1) and (2)(a). You can ask for the costs of the order if one is made.