Legal Question in Consumer Law in California

Auction Liability

I recently purchased an Original Painting by a famous artist at an auction. It was scheduled to be shipped to my home. I received the wrong painting, and called, only to find that they had made an error ont he inventory number and inadvertenly shipped the wrong one to me and proceeded to sell the one I had already purchased. They now want me to choose another painting by the same artist in exchange for the one I owned. Is this legal? I want the painting I purchased. I am feeling this represents theft/fraud or???


Asked on 11/15/07, 12:35 pm

1 Answer from Attorneys
Bryan Becker Stutz Artiano Shinoff & Holtz

Re: Auction Liability

It could be fraud, or more appropriately unfair business practices if in fact they never had the painting in the first place -however you should be entitled to a full refund. The caveat may be if you entered into a contract which obligated you to accept any painting by the artist. However, one would have to review all supporting materials to determine this. Feel free to contact me to discuss further.

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Answered on 11/15/07, 12:50 pm


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