Auctioneer liability for selling counterfeit coins?

Sorry if this has been asked before.
I was watching a case this morning wherein the Plaintiff (unrepresented) filed suit against the auctioneer for selling him counterfeit coins.
The defense lawyer was arguing the suit should have been brought against the county, not the auctioneer. In any event, I had to leave for a conference, got in a fight, and missed the outcome.
I was watching a case this morning wherein the Plaintiff (unrepresented) filed suit against the auctioneer for selling him counterfeit coins.
The defense lawyer was arguing the suit should have been brought against the county, not the auctioneer. In any event, I had to leave for a conference, got in a fight, and missed the outcome.
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Comments
<< <i>In any event, I had to leave for a conference, got in a fight, and missed the outcome. >>
There has to be a better story here than auctioneer liability...
On the other hand a major auction house that specializes in coins, such as Heritage, would probably be liable. I am not a lawyer and these are my opinions only and may or may not be fact.
Bob
World Collection
British Collection
German States Collection
<< <i>I don't believe title can pass on counterfeit items, so the auction house would have to take the coins back and then try to recover from the consignor. >>
this makes better sense.
<< <i>
<< <i>In any event, I had to leave for a conference, got in a fight, and missed the outcome. >>
There has to be a better story here than auctioneer liability...
i have no idea why you added that image as it is a far stretch to connect to the context of this thread but it is fuuuuuunnnnnyyyyyy!
the only time i bet sheldon and leonard were in a physical confrontation where they actually tried to harm someone physically.
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New collectors, please educate yourself before spending money on coins; there are people who believe that using numismatic knowledge to rip the naïve is what this hobby is all about.
An auctioneer's oral representation at sale is binding and would at least create a secondary liability; however, if the auctioneer were but a contractual agent of the seller with an indemnity clause, the primary liability would lie with the owner/seller.
Also, some states allow a reasonable time limit on claims of authenticity. You may be s.o.l. if you are not able to authenticate an item in the allotted time frame.
The court would have to sort these issues.
"1880 Silver Dollar" and it is counterfeit, it is not as described.
To take another example suppose an auction is for a
"Gold Rolex Day/Date Watch." If it is not a real Rolex
but a Chinatown "replica" the auctioneer would lose any
suit.
If it is sold as just a "gold colored watch" the auctioneer
is likely not liable.
"Not responsible for dry cleaning left for more than 60 days."
That may be the policy, but it is not the law.
<< <i>I was watching a case this morning wherein the Plaintiff (unrepresented) filed suit against the auctioneer for selling him counterfeit coins.
The defense lawyer was arguing the suit should have been brought against the county, not the auctioneer. >>
Laws vary from State to State.
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<< <i>i have no idea why you added that image as it is a far stretch to connect to the context of this thread but it is fuuuuuunnnnnyyyyyy!
. >>
unless the image of sheldon is meant to represent that you are thinking really hard about what the other reason(s) could possibly be
.