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<p>[QUOTE="Conder101, post: 3090801, member: 66"]Not it would not be, the seller has a responsibility to know what he is selling. Whether you choose to let them know they have made an error is up to you but you are NOT responsible for correcting their error.</p><p><br /></p><p><br /></p><p>Can the auction house sue you? You can sue anyone for anything, but will you be successful. If this case the auction house is assumed to be a professional and as such is held to a higher standard. THEY are responsible for getting it right. Once you have paid for it and it is in your possession they have no claim on it. The only way someone would have a claim on it would be if it can be shown to be stolen. The Auction houses real concern would be if the consignor learns they blew it and they may be sued by the consignor and he probably WOULD win.</p><p><br /></p><p>The section that was quoted from the Heritage terms of sale is to protect the house in case they sell something as being much rarer than actually is. It limits their liability to the amount paid for the item. It doesn't mean that they can pay you back what you paid them and require you to return your cherrypick.[/QUOTE]</p><p><br /></p>
[QUOTE="Conder101, post: 3090801, member: 66"]Not it would not be, the seller has a responsibility to know what he is selling. Whether you choose to let them know they have made an error is up to you but you are NOT responsible for correcting their error. Can the auction house sue you? You can sue anyone for anything, but will you be successful. If this case the auction house is assumed to be a professional and as such is held to a higher standard. THEY are responsible for getting it right. Once you have paid for it and it is in your possession they have no claim on it. The only way someone would have a claim on it would be if it can be shown to be stolen. The Auction houses real concern would be if the consignor learns they blew it and they may be sued by the consignor and he probably WOULD win. The section that was quoted from the Heritage terms of sale is to protect the house in case they sell something as being much rarer than actually is. It limits their liability to the amount paid for the item. It doesn't mean that they can pay you back what you paid them and require you to return your cherrypick.[/QUOTE]
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