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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 6945
Experience:  English solicitor with over 12 years experience
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Irina McTell Is a collector of original landscape water

Customer Question

Irina McTell Is a collector of original landscape water color and portraits. In January 2020, Irina visited 'Guildford watercolor fine arts gallery limited' Which is located upon Guilford Heist Street.On her visit, Irina was shown a number of watercolor landscapes by the assistant manager Sebastian Fellows, Which include 'The splash' And 'The summer fair' By the renowned Artist Jerome flintlock.After close inspection of two paintings, Irina asked to see the certification of authenticity, Which would certify that the works of art where genuine Jérôme flintlock watercolors.During the conversation that followed, Sebastian Fellows stated that although he did not have any prospective certification of Authenticity, He was sure giving his many years of experience as an art dealer within the gallery, That these two paintings were authentic and painted by the artist and question.Confident of the presented information by Sebastian, Irina purchased 'The splash' For the sum of 750 GBP, Of which she paid the full purchase price in cash.In April 2020, Irina invited the selection of guests to her house which included the well-known art critic And journalist Henry Crookshanks. Irina took great delight in showing her latest acquisition 'The splash' To all her guests. Henry took one look at the painting and stated that this was a worthless piece of art, As 'The splash' Was not a watercolor by the artist Jerome Flintlock.On hearing this devastating news, you remain immediately took the painting back to 'Guildford watercolor fine arts gallery limited'.On entering the Guildford premises, You Reno was met by the manager Simon lumbsdunne Who informed her, that Sebastian Fellowes no longer works for the company. Whilst Simon felt sympathetic towards Irina, He pointed her to decide the sign affixed To the wall within the gallery which stated 'guildford Watercolor fine arts gallery limited does not offer Exchanges or refunds on any purchased artwork'. Furthermore, given the period of time which had ellapsed, Simon could not take responsibility for any of the sales that Sebastian had contacted and therefore would not be able to offer any refunds.Irine now seeks advice from GBCAS as to her legal position regarding this matter.1-An explanation of the applicable law, Citing relevant statutory provisions and supportive caselaw.2-An explanation of how the law and the applicable legal principles apply in each particular situation.3-Advise on whether any legal action could be taken in relation to the case and an assessment of the likely outcomes of the implied legal action.
Submitted: 15 days ago.
Category: Law
Expert:  UKSolicitorJA replied 14 days ago.

Hello,

The buyer is protected under the law of misrepresentation which allows her to set aside the purchase and seek a full refund: https://www.which.co.uk/consumer-rights/regulation/misrepresentation-act-1967

All the best. Please click on 5 stars