Non delivery of goods sold at auction
- I placed a bid at an online Auction for a handmade Rug.
- It was valued by the auctioneer as RRP$5999 specifically in the item description.
- I secured the winning bid for $740 + BP + shipping and insurance and made payment immediately.
- Some 25 days later the item had not been delivered so I made contact with Lloyds who at first could not update me with it's where about.
- After further investigation Lloyds informed me that the rug has been lost and offered an alternative or a refund.
- I declined the remedy and made a request for compensation for $5999 being the value quoted at the action.
Title to the goods changes at the fall of the hammer (Sale of Goods Act 1896 59 1 (a)) even in circumstances where possession of the item does not as is the case here. It is the Duty of the seller to deliver the goods as it is the buyers duty to accept the goods when they are presented (Sale of Goods Act 1896 29). The Act also also clearly states in the event of breach of contract eg: failure to deliver goods which were sold under contract (Auction), Action needs to be taken which ,provide a suitable remedy to the buyer. Specifically the Act states the buyer may seek damages in the event of non delivery and in my case the damages I am seeking is the RRP as quoted by the auctioneer $5999. The reason obviously being if I want to buy a similar one it would most likely cost $5999.
Lloyd's Auctioners refuse to entertain my request for compensation and state they are willing to provide a refund only.
My question is am I correct to have this view and if so what steps do I need to take to force the auctioneer to pay up.
Thank you I'm advance for your reply
My apologies if this was listed incorrectly
