A piece of garnet of average value was valued at 70 million yuan by the expert. Mr. Qiu of Guangzhou believed that he had entrusted the “expert†company to auction the “gems†and paid a service fee of RMB 330,000. Unexpectedly, the "jewels" were not auctioned in the two auctions. Mr. Qiu believed that he was deceived and brought the "expert" company to court. After mediation by the Tianhe District Court of Guangzhou, the company involved agreed to return a service fee of 100,000 yuan.
The reporter learned yesterday that the auction disputes in the Guangzhou area were not infrequent. In the past two years, only Tianhe Court accepted 13 cases of contracted auction contract disputes. The total amount of service fees involved exceeded 2.5 million yuan, and it is on the rise. The year is 13 times higher than in 2014.
In October 2013, Mr. Qiu discovered the website of a service company in Guangzhou on the Internet. The company claimed to have professional appraisal ability for antiques and art on the website, and can organize overseas auctions and exhibitions. Mr. Qiu then contacted the company's staff through the website to inform the other party that there is a mineral body with a suspected gem in his hand and would like to entrust the company to conduct the appraisal. After that, the company identified Mr. Qiu’s “gemstone†as “pigeon ruby†with an estimated value of 70 million yuan.
After that, the service company introduced Mr. Qiu to the company's auction process, the company's resources and performance, Mr. Qiu believes that the two sides signed the "service contract", Mr. Qiu also paid a one-time fee of 250,000 yuan, agreed Entrusted by Mr. Qiu, the company will auction the "Bone Blood Ruby" at the 2013 Hong Kong Autumn Auction.
However, Mr. Qiu’s “gems†have not been filmed. The company also mobilized Mr. Qiu to continue to participate in the 2014 Hong Kong auction, and suggested that the auction price be set at 50 million yuan, "gems" will have a good chance of being sold. Unable to seduce, Mr. Qiu once again delivered an initial service fee of 80,000 yuan. As a result, the "gems" ran again.
After two auctions, Mr. Qiu had doubts about the value of the “gemstone†and took it to another institution for identification. As a result, the “pigeon ruby†previously evaluated as 70 million yuan was only evaluated as “garden of valueâ€.
Mr. Qiu believed that he was deceived and filed a lawsuit in court, asking the service company involved to return the full service fee of 330,000 yuan and compensation for the loss of 10,000 yuan. The service company believes that Mr. Qiu entrusted the identification expert to identify the collection as he voluntarily approved. The company also made clear that the valuation made is for his reference only; the two parties signed the "service contract" on an equal and voluntary basis, no Fair terms; in addition, the contract also specifically made a risk warning, so the company has no reason to refund the service fee and compensation for losses. After mediation by the court, the company agreed to return a service fee of 100,000 yuan, and Mr. Qiu gave up other demands.
Commonality of the case: high valuation and expensive
There are not a few collectors like Mr. Qiu who have hundreds of thousands of yuan in service fees. The reporter learned from the Tianhe Court that since 2014, the hospital has accepted 13 disputes concerning the collection of contracted auction contracts. Such cases are relatively new, and the hospital accepted it for the first time in 2014, but the growth rate is relatively fast.
According to the lawsuit of the lawsuit, it was found that the qualifications of the auction and service companies involved in the case generally had large loopholes. Most of them were limited liability companies with conference services, exhibition design, enterprise management and consulting, and sales of art, and the auction service company involved in the case. There are no appraisal and auction qualifications, and the company's level is uneven. Some companies have even been exposed by the Guangdong Provincial Auction Association for false auctions.
In 13 cases, the auction service company involved in the case of high price evaluation, promise induction and other behaviors. The collections entrusted by the collectors are relatively expensive, and since the service fees are charged proportionally according to the value of the collection, the collectors often have to pay a lot of service fees when signing the entrustment contract. Many of the collectors in the case said that during the contact with the auction service company, the other party had privately promised the sale of the collection, so that they believed that the collection could be successfully sold at a high price, for which they were willing to pay the auction for one or more times. Basic service fees.
It is understood that the total amount of service fees involved in the 13 cases exceeded 2.5 million yuan, and it is on an upward trend. The amount involved in the case increased by 13 times in 2015 compared with 2014. According to the investigation of 13 cases, the service fee generally includes basic service fees and agency service fees, as well as some identification consulting fees. The collector must pay the basic service fee before the collection is auctioned. The calculation standard is charged according to a certain percentage of the starting price of the collection, such as 1%; the agency service fee is paid after the collection is auctioned, and the calculation standard is based on the auction auction price. A certain percentage is charged, such as 8%, 10%, etc.
Although the agency service fee is charged according to the transaction, but because the starting price of the collection, that is, the evaluation value is very high, the collector only has to pay tens of thousands to hundreds of thousands of yuan for basic service fees and identification consulting fees. Once the flow is taken, the collector will not be able to recover the service fees already paid, which becomes the main contradiction of the follow-up dispute.
Safeguarding rights
Even if collectors use legal means to defend their rights, it is often difficult to return all of their services. The reporter learned that in the 10 cases of the contracted auction contract disputes that Tianhe Court had concluded, only 3 of the cases were won by the entrusting party, 6 were lost, and 1 was dismissed by mediation.
According to the Interpretation of the Measures, there are few legal provisions on entrusted auctions in China. There are certain legal disputes concerning whether the entrusted auction contract is legal and valid, and whether the entrusted party is at fault in the performance of the contract. In the actual trial, even if there are some misconducts in the auction service company, because of the lack of clear legal provisions and the difficulty of the collectors under the rules of evidence, it is difficult for the court to support the collectors’ demands for full refund of the payment fees. Loss or even total loss.
In addition, insufficient supervision by relevant authorities is also the cause of the rise in such disputes. The judge pointed out that there are still many companies in the market who are using the "edge ball" to launch a one-stop advertising campaign on the website. If the industry supervision is not strengthened, the auction market will generate more disputes.
It is recommended that collectors retain evidence
Collection is a professional and risky investment. According to the official reminder, in addition to improving their professional knowledge and improving their own risk control ability, collectors should also establish rational collection values ​​and avoid having a night of wealth. Before signing the entrusted auction contract, you should understand the qualifications of the auction company and the rules of the auction market in many aspects. The "high price" in the face of evaluation should be analyzed calmly. In addition, we must pay attention to the evidence retention, carefully retain the evidence of the transactions with the entrusted company, and be careful to prevent their collections from being transferred.
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