Sales disputes

The first subject of dispute is payment of the price: delays, refusal to pay after the hammer falls, challenges to the amount of costs. The second is delivery: delay, loss in transit, poorly defined transfer of risk. Incoterms and conditions of sale specify the moment of transfer.

The tribunal examines the date of transfer of ownership and risk, insurance obligations and proof of delivery. It awards default interest and may order specific performance or termination.

Non-conformity concerns the gap between the work delivered and the description: dimensions, condition, technique, restorations. Sale costs (commission, taxes, transport costs) are also a source of disagreement when the conditions of sale are poorly understood.

Auction houses are subject to a requirement of transparency: faithful description, mention of major restorations, itemised costs. Buyers must examine the work and ask their questions before the auction.

Online sales raise specific questions: consent, proof of the order, any right of withdrawal, compliance with time limits. Platforms approved by OIMAP undertake to keep evidence and to offer arbitration.

Private sales, often concluded between professionals by email, must be formalised: agreement on the thing and the price, mention of the arbitration clause. Informal exchanges are a frequent source of disputes.

Draft clear conditions of sale and specify the applicable law. Always ask for written confirmation of a private sale. Check your counterparty's solvency for large amounts. Insure works during transport.

For high-value sales, consider an escrow or payment by letter of credit. These mechanisms considerably reduce the risk of non-payment.