Item not as described? Your rights when buying at auction

Buying at auction often gives you less protection than buying from a shop. What you can do if a lot isn't what you were told depends on three things, so it pays to know them before you bid.

The three things that matter

1. Who the seller is. Consumer protection law mainly covers purchases from a business, not from a private individual. At auction, the seller is often a private person selling through the auction house.
2. Whether it's a public auction you could attend in person. This changes which rights apply (see below).
3. The auction house's conditions of sale, which you agree to when you register to bid.

What the law says

Under section 2(5) of the Consumer Rights Act 2015, you're not treated as a consumer for the main goods rules if the goods are second-hand and sold at a public auction that individuals have the opportunity to attend in person. There are some exceptions set out in the Act. In practice, the usual protections, such as the goods being of satisfactory quality, may not apply to those purchases. You can read the wording on legislation.gov.uk.

That doesn't mean you have no options. Other rules can still apply, for example if you were given a false or misleading description, and the auction house's own terms may offer something.

What the conditions of sale usually say

Terms typically describe lots as sold as seen and encourage you to inspect them first, and often limit the auction house's liability. Some houses offer a limited guarantee against forgery or serious misdescription. Check whether yours does, what it covers and for how long.

Before you bid

• Inspect in person if you can, or ask for a condition report and extra photos in writing.
• Keep a copy of the description, with a screenshot or the printed catalogue entry.
• Read the guarantee and liability clauses in the conditions of sale.
• Allow for risk. If it's a lot where condition matters, leave room in your budget for repairs.

If it isn't as described

1. Act quickly and don't use, clean or alter the item.
2. Contact the auction house first, in writing, with photos and the original description.
3. Keep all paperwork, including the catalogue entry, invoice, emails and packaging.
4. If it isn't resolved, get advice from Citizens Advice or Trading Standards.

General information only, not tax or financial advice. Auction houses set their own fees and terms, so always check the conditions of sale and confirm the details with the auction house before you bid. This is not legal advice. If you have a dispute, speak to Citizens Advice, Trading Standards or a solicitor.