If you attend or otherwise bid on property at an auction, could your purchase be a fake? Further, if you purchase a fake item, what recourse do you possibly have?
The National Auctioneers Association‘s Blog “Auctions Work” has good advice for buyers endeavoring to avoid buying fakes: https://howauctionswork.com/2020/10/07/how-can-i-avoid-buying-a-fake-at-auction/.
However, if you end up with a fake purse, coin, watch, sword, painting, or similar item — you may have recourse if the item was represented as genuine — in that if an auctioneer says this is a “Vintage Omega Speedmaster” then it has to be a real one …
In the case of an auctioneer unknowingly selling a fake item that was represented as real, you as a buyer would have a right to rescind the deal by returning the item and then receiving a refund.
If an auctioneer was knowingly selling a fake item that was represented as real, you would as a buyer would still have a right to rescind the deal, but the auctioneer may be subject to further penalties as we noted here: https://mikebrandlyauctioneer.wordpress.com/2016/09/14/auctioneers-selling-counterfeit-property/.
This right of rescission may require the buyer to provide to the auctioneer and/or seller supporting evidence, such as expert opinions or authentication reports. The question becomes who knows for sure if this lot is real or fake.
Unfortunately, there are people reading this treatise who unknowingly own a fake purse, have a fake coin in their collection, are wearing a fake watch, have a fake sword on the wall, and/or have a fake painting hanging in their home.
At the time of this writing, it is becoming more and more difficult — if not impossible — to discern real items from fake items. In many cases, even the manufacturer — or a product expert — can’t tell the difference. If you don’t know the difference, maybe it’s not really an issue?
This isn’t just a problem with auctions — this is a worldwide worry with fakes that are sometimes 99.99% real. Many times, the seller, auctioneer, nor buyer knows it’s a fake. It’s largely [possibly] a civil matter when actions are “unknowingly,” and far more serious when the seller or auctioneer (or anyone) is knowingly selling fakes.
Mike Brandly, Auctioneer, CAI, CAS, AARE has been an auctioneer and certified appraiser for over 30 years. His company’s auctions are located at Mike Brandly, Auctioneer, Brandly Real Estate & Auction, and formerly at Goodwill Columbus Car Auction. He serves as Distinguished Faculty at Hondros College, Executive Director of The Ohio Auction School, and an Instructor at the National Auctioneers Association’s Designation Academy and Western College of Auctioneering. He has served as faculty at the Certified Auctioneers Institute held at Indiana University and is approved by The Supreme Court of Ohio for attorney education.
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