[Ancientartifacts] Re: 'Good' Seller with poor COA

Hi Stephen,

Very tricky indeed. Generally, a certificate, invoice or receipt is
worth no more than the word of the person who issues it. Furthermore,
a term such as "extremely good" is fairly unquantifiable legally (I
think) - one person's opinion versus another's - like saying
something is "very old".
If the dealer is bonded to a professional trade association you can
ask them to deal with it as the description would almost certainly
qualify as a breach of "good conduct" and the person's unwillingness
to correct what sounds like an error/professional misjudgement would
probably be construed by an association as putting their codes of
conduct into disrepute.
If they're not tied to an association your path may not be as clear.
You're right to keep the dealer anonymous for the time being as the
threat of exposure may be enough to make him/her change their stance.
Not noticing restoration can be an error but not cancelling the sale
would be regarded by most normal dealers as unethical if not illegal.
If they elaborated on their condition report in the original item
description I'd print a copy of this for your records also.

I'd be very interested to hear what other people think, and also to
hear how widespread this type of problem may be. If the same dealer
has done this repeatedly there may be a case which could be referred
to the fraud division of the relevant police force, though one would
need to prove the intention to deceive.

Rolf Kiaer
www.heliosgalllery.com


--- In Ancientartifacts@yahoogroups.com, Dave Smith <dsmith00@...>
wrote:
>
> Hi Stephen,
>
> Who is the dealer?
>
> I went through this very issue with Edgar Owen concerning a Han
horse
> which was very heavily restored and he refused to take it back even
> though his website at the time had the same return policy and he
had
> described it as unrestored.
>
> It took months and a threat of a lawsuit to finally get a
resolution
> where I still lost a lot of money.
>
> Dave
>
> Stephen Churley wrote:
> > Hi everyone,
> >
> > I am having a problem with a piece of ancient pottery which I
bought
> > last year from a dealer who is on the 'good' list and who is a
regular
> > contributor to this Group. I will refrain from giving his name
for the
> > time being.
> >
> > I have discovered that the pot is more restored that his COA
> > described. His COA has a 'Description' section setting out the
age and
> > culture of the piece and also its condition which is said to be
> > 'extremely good'. The COA also says:
> >
> > "I guarantee that to the best of my knowledge and belief the
above
> > described antiquity is authentic and from the period given.
Should
> > this piece ever be shown to be other than as described we will
gladly
> > refund the full purchase price."
> >
> > The seller is refusing to refund my money on the grounds that the
> > COA's description refers solely to authenticity not to condition.
But
> > the 'Description' section does also refer to condition.
> >
> > It seems to me that condition cannot be dissociated from
authenticity
> > here. If the seller had intended to do this he would have had a
> > separate section in the COA entitled 'Condition'.
> >
> > Either the COA is a serious document to be taken at face value or
not.
> > This seller appears to be dodging his responsibilities.
> >
> > I would value your opinions and advice.
> >
> > Cheers,
> > Stephen Churley
> >
> >
>

------------------------------------

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