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Corporate Service - China

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Q&A Regarding Auction Business (13)

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Q: What are the consequences if the consignor entrusts the auction of an item they do not own?
A: Where a principal entrusts the auction of items or property rights that he or she has no ownership of or is not legally entitled to dispose of, he or she shall bear legal responsibility.

Q: What are the consequences for an auctioneer to auction items that the consignor does not own?
A: If the auctioneer knows that the consignor has no ownership of the items or property rights being auctioned or is not legally entitled to dispose of them, he or she shall bear joint and several liability.

Q: What are the consequences of engaging in auction business without permission?
A: Those who engage in auction business without permission shall be banned by the administrative department for industry and commerce, have their illegal gains confiscated, and may be fined one to five times the amount of the illegal gains.

Q: What are the consequences if the consignor fails to specify the defects of the auction item?
A: If the auctioneer or the consignor fails to disclose the defects of the auction item, causing damage to the buyer, the buyer has the right to claim compensation from the auctioneer. Where the responsibility lies with the consignor, the auctioneer has the right to claim compensation from the consignor.

Q: Can the auctioneer be exempted from liability for warranty against defects?
A: If the auctioneer or the consignor declares before the auction that they cannot guarantee the authenticity or quality of the auction item, they shall not be liable for any defects.

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