Q: I purchased antiques at a Maryland auction and the auctioneer wants to cancel the sale as they claim to have made a
mistake . Can they do this
A:
In order to respond to your questions an attorney would need to ask you several more questions and review the documentation available, aside from looking into any specific laws of the State of Maryland applicable to your situation. In general, an attorney would need the following information:
1. Where three any contracts signed prior to or after the auction? The terms on the contract(s) would generally specify any provisions allowing cancellation due to errors or mistakes. If there are no contracts and the transaction was purely verbal, then an attorney would need to look into any applicable laws for auctions or for oral contracts. If you have any witnesses to the transaction, they may be of importance should there be only an oral contract. Also, if the auction house has any terms and conditions or rules posted online or at the auction house, or handed to customers, the terms would be important. If they are posted online or at the auction house, take pictures for your records (note the date) and so that your attorney may review them to see if they affect your case.
2. How long after the auction were you told by the auctioneer that he wanted to cancel the sale? Was the notice provided to you verbally or in writing? Your attorney would need to review any written notice. Once again, any witnesses to a verbal notice might be of importance to your case.
3. Was any money exchanged? If so, has it been returned to you? If you made an initial deposit and were supposed to pay in full after the auction, did you make payment? Did you offer payment? This is important as it might affect the auctioneer's right to cancel the auction.
4. Who is in possession of the item auctioned? If you were at one point in possession, was it taken from you against your will or did you turn over possession voluntarily? If you were never in possession, did you ask for the item (verbally/in writing?)
My response provides only general information and is not intended to provide you with specific legal advice, nor create an attorney-client relationship. You should not use or rely on this information without first consulting with your own lawyer and discussing your specific facts and available options in detail.
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