Auction House Condition Report Legality

[scot1974]

Hello
an lang may yer lum reek for 2014

I am Looking for help please on the legality of an auction house description and their condition report, if you have a few minutes please I would appreciate your knowledge, Thank you.

Basically I bid and won an expensive £1200.00 pearl necklace recently from a uk based auction house, as the catalogue description had only one pic and a vague description, so I asked for a condition report which was rather short and just two lines and no pics and said the condition of pearls was good and well matched in size and colour etc and the stringing was good and clasp worked well.

Now when I received them there was a glaringly obvious repair to the stringing from the clasp down to the fourth pearl on each side so as to match, the new stringing was obvious and a bit rough and was attached to the original pearls and clasp with a metal wire wound through a metal loop attached to original stringing and also to the clasp

Concerned I asked him about this and his reply was, it was "part of the general maintenance" of a string of pearls and was considered a plus point so it wasn't mentioned in his report!!!  I asked him for a refund and got another mail about how pearls are restrung every few years etc etc

I then took them to a private jeweller who said that one would never do a repair such as that as it would be almost as quick to restring the entire piece, ....And importantly that the eight pearls on the new stringing were NOT original to the rest as they were much lighter, when this was pointed out it became quite obvious.
So I again sent them a mail with the pictures of the repair and of the pearls but I did not mention the they weren't original as I wanted to see if he would note this and as a test to his knowledge as the pic was obvious they were lighter

I then received quite a stunning reply! - He had sent the pics to the vendor who told him *** that as the original clasp was an old standard base metal type the vendor had it removed and the new attractive diamond clasp replaced this involved restringing to the fourth pearl and that this was a "Major Improvement To the Piece" and will have improved its beauty and value and durability" also no pearls were removed from the piece all the pearls were originally there and.... !!! as it was only the clasp that was changed there was no description or condition issue.
He also Damingly notes that they were not asked for a condition report until the morning of the sale and ideally they would prefer more time for a report!! the auction started at 2pm I asked for report prob about 10am 

Well talk about B S**T  the guy is determined not to admit to anything!! the clasp is a typical loop n catch it looks like from the 20,s and has a couple of small diamonds and a white metal value about £30.00 I think he is jepordising his and the companies reputation with such a negative view to a clients concerns and then playing Dell Boy tatics   

Below is a copy of my reply to him which has yet to be answered as it was over the xmas holiday I did make it so he could refund without egg on his face as ive blamed the vendor...
Any help on the legality please as the auctions are hiding behind the veil of any info given on a piece is only there "opinion" and not legally binding,.... but as I did ask for a condition report I hope that may carry some weight?, I find it hard to believe that such a piece wasn't scrutinised before acceptance for sale and the repair not noticed, other condition reports I have had from other auctions have had several photos and a detailed description.
Many thanks
   
Dear S****
I have had the piece professionally assessed, i think you need to have a word with the vendor.
The necklace has had an addition of four pearls added to either side which are most certainly not the originals, it is her opinion that this repair was done cheaply as most jewellers would restring the entire piece, it probably was done as the piece was broken and the pearls lost and other newer pearls added to each side of inferior quality to balance it, when one looks at it you can see what she means and it becomes quite obvious, you should be able to see this in the image i sent you.
 
 So the vendor told you it was partially restrung so it could have the new clasp added to increase the value and that no new pearls were added i would take issue with him.
 
 So S**** i shant take this to my client tomorrow,   i am sure you were unaware of these adjustments to the piece so i would ask again to be reimbursed, it does sound as though the vendor has spun a story to fit the situation. (sounds like the monty python sketch with the dead parrot!)
 If you wish i can have a full written assessment done for you to take to your client but as you know these are not cheap and i would want to be reimbursed for that cost my time will be free.
 Kind regards
Scot

[Ipcress]

Hi

Firstly, it is your responsibility to make sure you have as much information as possible before placing an absentee bid.

However, from what you have posted it seems that you have received a condition report from someone not practiced in cataloguing and appraising jewellery, or maybe this was one of only a few such items in the sale ?

Did you pay the bottom estimate or close to it ? In other words, have you paid the reserve without any other bidder competing against you ?

This is poor form from the auction house in question. You should have telephoned and asked to speak to the auctioneer or manager.


Much of this depends on the original description and the professionalism and experience of the auction house. For instance, if something has been described as Victorian and it is not, then you have a stronger case than if the description is merely " an attractive pearl necklace " etc etc.

This has happened to me only once and the auction house realised their mistake and both they and the vendor agreed that i should be refunded.

It sounds to me as though the valuer does not wish to admit their mistake, the auction house had no other bidder and so cannot reoffer the necklace to them and also they are reluctant to contact the vendor. Maybe it was consigned by a regular dealer and not a private client.
The additional note about the time you contacted them would suggest the valuer has now realised their mistake but doesn't want to cancel the sale.

I know the business well. If you message me the name of the auction house i may be able to help.

You should telephone them, not restrict yourself to e-mails. You may also want to contact the Antiques Trade Gazette.

Each auction house should display bidding rules in their auction room or on their website. For instance, it is illegal for a vendor to bid up their own item. Not many people know that and it's a fairly common practice.

Anyway - you have options so don't be too disheartened. However, you should really have done more before bidding on the necklace.

Have you bid with this auction house before ?

[bigwull]

Its not often that i give praise...but...in this instance...thats about the best piece of advice,i,ve read for a very long time...and I hope it all works out for my fellow Scotsman....

you deserve another cookie Ipcress...

[scot1974]

Hello Ipcress

Thank You that is very helpful and appreciated ...."they shall not pass"

I will contact you privately with the auction house, the guy I am texting seems very well enough qualified
he is a qualified gemmologist and diamond grader. He is a Diamond Member and Fellow of the Gemmological Association of Great Britain, has many years experience working in the antique and jewellery industry, including time with Christie’s. The company appear to have two directors and he is one of them, if I have had problems in the past with auction houses they "usually" sort it then an there as they want to keep a good reputation

So with his experience im surprised at his replies, I haven't demanded anything, or gone off on a fit!, ive kept it very civil and his replies are also polite but at the same time mugging me off!! the last mail which so patronisingly informing me I was lucky to have the new clasp fitted and such a good job done on the repair is almost surreal in its cheek and he,s covering himself on all grounds i.e. the repair is a plus as its a plus it doesn't detract from his description so aren't I the lucky one! (he actually said that the owner of the piece noted how it had a old base  metal clasp type and thought it would be better to replace it with the expensive gold and diamond one we see!)

The necklace on the website was est at £1200 when it started it had a bid of £1100 and I went in at £1200 the auctioneer thanked the internet so perhaps she had a bid on the books or someone was bidding in the room there were two bids to my knowledge. I am aware of bidding up a piece by the owners, I have been around auctions for over 40 years, but never bought from this house before 

I know the condition report was scant but I took it that if there were any major flaws to the piece they would have been noted, normally a condition report is several pictures from different angles and a detailed examination of the piece i.e. repair, damage, wear and tear etc but as I left it till the morning of the sale I believed the scant report, but not to have mentioned the partial restringing or repair is more than neglectful and then his patronising attitude in the further replies to me sounds like a Dell Boy sketch something like - "No! no! guv that's not a repair!:) god bless u guv,:) No wot that is guv is that's yer actual maintenance innit, in fact I should charge u more! cause that now makes even betterer than I thought it was before innit"

I will wait for his reply to my last mail as apparently they are still on holiday, which is no excuse in these days of instant communication, then I may speak to the other partner/director as I feel he is playing with the companies reputation and his own, i know what i think about the piece and his stalling and unwillingness to refund me but i cant say so here, not now, but im sure the experienced buyer knows what im thinking.

Anyways thanks again Ipcress i never thought to contact the trade gazette.

i will be raising another Q about the trade and the internet on here soon.
Thanks
Scot


 

[bigwull]

No doubt someone will correct me if i,m wrong....but,...posting further questions about the "trade" and the Internet"..on here is,nt what this place is about....

[mart]

He posted correctly !! I asked him to move it here so you and Ipcress would see it !!

[bigwull]

He posted correctly !! I asked him to move it here so you and Ipcress would see it !!

I,m not talking about the above...its the future ones i,m on about....

[KC]

GREAT ADVICE Ipcress!!!!

[Ipcress]

Hello Ipcress

Thank You that is very helpful and appreciated ...."they shall not pass"

I will contact you privately with the auction house, the guy I am texting seems very well enough qualified
he is a qualified gemmologist and diamond grader. He is a Diamond Member and Fellow of the Gemmological Association of Great Britain, has many years experience working in the antique and jewellery industry, including time with Christie’s. The company appear to have two directors and he is one of them, if I have had problems in the past with auction houses they "usually" sort it then an there as they want to keep a good reputation



 

If so then what you described earlier makes little sense, unless the condition report did not come from him but another member of staff.

Was this a live internet sale ?

They can be a bit hectic and sometimes i've had 50 condition reports to answer, most of them asking for additional photos. If other members of staff are busy it can be over 100. With so many sales on these days a high proportion of condition reports and bids are submitted close to the start of the auction ( people then know how much they can afford )
It's the side of the business that vendors and the general public don't think about. A lot of work goes into a sale and ensuring items are sold for the best price possible

However, you should have been treated more fairly

[mart]

He posted correctly !! I asked him to move it here so you and Ipcress would see it !!

I,m not talking about the above...its the future ones i,m on about....

Since many here do buy over the internet,,and as it applies to antique and vintage items,, a small discussion might help others too !!

[scot1974]

Hello again Gentlemen
Am still learning how to navigate this site, an haven't found out how to reply to a specific persons reply, I would like to reply to Ipcress,s question.

All of my texts have been with the mentioned character! it was a traditional online auction I registered and bid through the saleroom dot com.

Im not sure what you mean when you say my last post made little sense? perhaps its because like me you find it incredible that a person in such a position and with supposable references would give such a poor condition report!
He said they were closed until the 6th january  so I await his reply.... also thanks to Mart for pointing me hers and to bigwull I knew him when he was oor wullie.

[Ipcress]

Yes, that's what i meant.

If you want to PM me the name of the auction house, then use the icon under my name on the left hand side of the forum.

The-Saleroom.com is part of The Antiques Trade Gazette i mentioned earlier.

[mart]

Ha !!  He is still Wullie around here !!  Bigwull just seems so,,,formal !!  But we do use it occasionally !! 

[KC]

Dagnabbit Luke....I thought I was the first one to call him Wullie!!! :/  At least on this site! 

Scot1974, the way to Private Message Ipcress is to look on the left side of the replies and find Ipcress' name in red.  Click on it.  It will take you to Ipcress' summary page.  Go towards the bottom of the page and find, in red typing, "Send this member a personal message".  Click on that and send away!!