I bought antiques but I suspected that it was time to return to three years ago. On the fourth floor of the Dragon Dream Hotel, a large-scale art auction in spring is being held, and the No. 455 auction is eye-catching. This is a pair of Qing Dynasty red sandalwood "longfeng Chengxiang" Duobao, reserve price of 2.2 million yuan. After several rounds of competition, Mr. Yan won the auction with a maximum price of 2.8 million yuan. On the same day, Mr. Yan transferred 1 million yuan to the auction company and issued a letter of commitment, indicating that he would pay 2 million yuan (including 200,000 yuan commission) within 10 days. The entrusted party of Duobaoge is Mr. Hong Kong, who is in his 50s. He was very happy after learning that his baby was successfully shot. After deducting commissions and other expenses, he can get more than 2.57 million yuan.
Looking at the pair of Duobao, who is at home, Mr. Yan is guilty. How can the material and color look worse? He took a pair of drawers in this pair of treasures for slice comparison, and the results showed that "the basic determination is non-redwood wood, strongly suspected to be modern simulation products, and the material also has serious problems." Therefore, Mr. Yan contacted the auction company and demanded the withdrawal of the lot, and complained to the industry and commerce department.
More than a month later, the auction company came back to retrieve the pair of Duobao, and the staff also issued a return order. At the same time, the auction company returned the letter of commitment issued by Mr. Yan, but has not refunded 1 million yuan. To this end, Mr. Yan sued for a refund and was supported by the court.
Unauthorized return of the seller was also anxious by Mr. Meng Rongli, because he had not received a penny after the sale. On July 15, 2009, he entrusted a lawyer to send a letter to the auction company, urging the payment of the transaction.
Instead of telling the truth of the return, the auction company said in a reply: "The buyer refused to pay the money on the grounds that there was a problem with the material. We will further communicate with the buyer and promise to receive the full payment within 7 days. Pay you all the proceeds from the sale." Mr. Le will then leave the Duobao parts to be sent to the authoritative department for testing. The test result is â€œred sandalwoodâ€. To this end, he made an ultimatum to the auction company: pay before August 31, otherwise see it in court.
However, Mr. Le has never received the payment, and finally he realized that the auction company had handled the return and refund procedures with the buyer. In October 2010, Mr. Le sued the auction company to the court, arguing that the auction company would return the auction contract without authorization, and should compensate for the loss of 370,000 yuan and interest. The first instance of the court of first instance supported Mr. Leâ€™s petition.
The auction company refused to accept the appeal and claimed that its behavior was in line with the auction rules. Mr. Le did not inform the source of the lot and told him in detail that the lottery was inconsistent with the description on the catalogue. Moreover, the lot was not actually sold, why did Mr. Le lost 370,000 yuan?
The auction company should pay for the fault. The second instance of the First Intermediate People's Court of the People's Republic of China believes that Mr. Le and the auction company signed the "Contracted Auction Contract", and the auction company should properly handle the entrusted matters. The auction company argued that it had communicated with Mr. Le on the return, but there is no evidence to prove it. On the contrary, the auction company issued a return order to the outsider, and in the letter to Mr. Le did not explain the facts, it can be seen that the auction company has not obtained the consent of Mr. Le on the return matter. The auction company arbitrarily dismissed the auction contract with the buyer, apparently at fault and should bear the corresponding responsibility. Mr. Le has claimed compensation from the auction company for the loss of the transaction and the reserve price difference that was once auctioned, and is innocent and should be supported. Accordingly, the court made the above judgment.
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