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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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I am a uk antiques dealer. A continental dealer consigned

Customer Question

Hello, I am a uk antiques dealer. A continental dealer consigned to me a Chinese antique and I signed a sale or return invoice agreeing to sell the item for him for £1000.No date was given for the end of the period of consignment. This was in 1997. I sold the item within a few months but as he was an infrequent visitor to this country it was some time before I saw him again and it is possible that I didn't pay him for the item at that time. I have seen the consignor maybe twice over the intervening years and as he did not mention the piece I assumed that I had paid him.The current owner (the item has changed hands twice since my original sale) has consigned the piece to an auction and the continental dealer is claiming ownership. I have no proof that I have paid the consignor and it is possible but not certain that I haven't. Does title pass to the new owner even if I cannot prove that I have paid the consignor or does it remain a defective title if I don't have proof of payment? Is the consignor obliged to accept the terms of the sale or return invoice 'which I might have already honoured' if I offer to duplicate the payment of £1000? Many thanks, David.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello David my name is ***** ***** I will help you with this.
To be clear you sold this back in 1997 or thereabouts?