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Unread 09-06-2003, 12:31 PM   #1
Jim Keenan
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Please permit a note on auctions, net or otherwise. The law generally says that anyone selling a product is presumed to know the product. For people like antique furniture and art dealers, this means they must be experts in what they sell, and if they claim a painting is by Rembrandt, it better be, or the buyer can get a refund or sue.

But auctioneers are in a different category. Many of the top houses do have experts and would never knowingly sell under false pretenses. But the law does not require this, or that the auctioneer be an expert. Instead, he is assumed to be, not the seller, but an agent for the seller, and any claims or expertise must rest with the seller. In other words, the auctioneer is no more responsible for the description of the item than a newspaper is for the contents of a "for sale" ad.

This may mean nothing, but just a piece of info for those using the on-line auction sites and possibly expecting the site to ensure authenticity or guarantee satisfaction.

Jim
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