[Solved] Painting Stolen after Auction - What Are Options?

A relative won the bid for a painting from the Stamford Hotel closing down sale.

They went to collect the painting today (within collection period), but it was goneski. They paid the auction house by bank transfer. The hotel is checking CCTV, but not sure what will come of this.

What are their options? Contents insurance?


Update: case solved. Another buyer "accidentally" took it home and will bring it back.

Comments

  • +9

    Police & request reversal of bank transfer.

  • +5

    Probably didn’t get what they wanted at auction so the painting was conveniently “stolen”

  • +6

    What was the painting?

    • +8

      Classic Ozbargain response. You just wrote what we were oil thinking.

    • +8

      MS Paint diagram of a car crash

      • +8

        My favourite genre

    • +2

      What was the painting?

      A painting of a painting being stolen from a hotel lol

      • +2

        That would be something

  • +1

    I always worry about this when collecting from auction. Try and get there early.

    The only option would be a refund from the auction house, or getting the artist to repaint it.

  • +2

    Do we need a MS Paint diagram of the theft?

  • What does their contract say?
    Is the transaction complete as soon as their bid wins or do they have to take physical possession first?

    • +1

      I told them to check this - this is the key to whose insurance to claim it on.

  • -4

    lol how does one steal an artwork

  • call the police i guess i would say the art house is reponsible until the art work is in your possession but good luck getting a refund - they would have insurance to cover such matters though

  • Check the documentation. There should be a point where "risk" is transferred. If risk has not transferred to the buyer then a refund should be forthcoming.

    This is governed by the Sale of Goods Act (NSW).

    https://classic.austlii.edu.au/au/legis/nsw/consol_act/soga1…
    https://classic.austlii.edu.au/au/legis/nsw/consol_act/soga1…
    https://classic.austlii.edu.au/au/legis/nsw/consol_act/soga1…

  • +1

    Until they picked it up it was still in the possession of the auction house/hotel. It isn't their problem. The police deal with the thief and possibly recover the painting but otherwise they get a refund and the hotel claims on their insurance.

    I don't see a way your relative would not receive a refund.

    • Yea I agree. How can the onus be on the person who bought the item but haven’t taken ownership of it??

  • Curious to know who is responsible. Its very different if its an house/property!

    • How does someone steal a house?

      • Something about using torrents?

      • By claiming that there is no such thing as Palestine.

  • +2

    I buy and sell at auctions regularly.

    Do either people or staff accidently take or hand out the wrong item? Yes. Its happened to me. Someone took a sword that I paid for. That person realized their mistake and returned it the next day.

    If the item was stolen by a customer and not recovered then the auction house should reimburse you. You did, after all, not get what you paid for.

    No need to call police, yet. I would only call if you cannot get your money back. Let the auctioneer handle everything.

  • +10

    Update: case solved. Another buyer "accidentally" took it home and will bring it back.

    • +2

      Perhaps mark as solved.

    • +2

      Thsnks for updating.

Login or Join to leave a comment