Auction Law in the Netherlands

The legal information presented in these pages offers some insight into the law in different jurisdictions but should not be acted upon without having consulted your own legal advisor.

Can a dealer who buys a fake from a Dutch auction house get his money back?

A dealer who buys a fake from a Dutch auction house may be able to get their money back, but it depends on several legal and contractual factors:

✅ When a Dealer Can Get Their Money Back

1. The item was sold as genuine:
   If the auction house explicitly described the item as authentic or attributed it to a known artist or maker, and it turns out to be fake, the dealer has strong grounds for a refund.
2. Breach of contract or misrepresentation:
   Under Dutch civil law, this can be considered non-conformity (non-conforming goods under Book 7 of the Dutch Civil Code). The buyer may be entitled to a refund, repair, or replacement.
3. Return period is respected:
   Dutch auction houses usually have specific timeframes (often 2–4 weeks) for disputing authenticity. Dealers must act within this window.
4. Proof of forgery:
   The dealer may need to present independent expert evidence proving the item is fake.

❌ When a Dealer May Not Get Their Money Back

1. The item was sold “as is” or “attributed to”:
   If the auction house used terms like “in the manner of,” “school of,” or “attributed to,” it usually implies no guarantee of authenticity.
2. No misrepresentation or negligence:
   If the auction house did not claim authenticity, or due diligence was followed, they may not be liable.
3. A dealer has fewer consumer rights:
   Since dealers are considered professionals, Dutch and EU consumer protection laws (like the right of withdrawal) usually do not apply.

⚖️ Legal Note

Dutch contract law provides strong protection against fraud and misrepresentation, even for dealers, but success often depends on what was written in the auction terms and how the item was described.

If a dealer buys a fake from a Dutch auction room, they can get their money back—but only under certain legal and contractual conditions. Here's a clear breakdown:

✅ When a Dealer Can Get a Refund in the Netherlands

1. The item was sold as authentic and is proven fake
   If the auction catalog or invoice clearly stated the item was genuine, and it’s later proven to be a forgery (with expert evidence), this is considered a breach of contract under Dutch law. The dealer can claim a refund.
2. There was misrepresentation
   If the auction house gave misleading information or failed to disclose doubts about authenticity, this may qualify as misrepresentation or non-conformity (wanprestatie) under the Dutch Civil Code.
3. The dealer acts within the claim window
   Most auction houses in the Netherlands set a time limit (often 14–30 days) to raise authenticity issues. Acting within that time is crucial.
4. The auction house terms allow for it
   Some reputable auction houses offer authenticity guarantees or return policies. Dealers should always check the general terms and conditions (algemene voorwaarden).

❌ When a Dealer Cannot Get a Refund

1. Item sold “as is,” or “attributed to”
   If the listing said “attributed to,” “style of,” or “possibly by,” the auction house likely did not guarantee authenticity — so a refund claim will usually fail.
2. Dealer waits too long
   If the dealer fails to notify the auction house within the contractually allowed time, the right to return may expire.
3. No proof of inauthenticity
   A refund claim usually requires independent expert verification that the item is a fake.

👨‍⚖️ Legal Context in the Netherlands

Even for professional buyers (dealers), Dutch contract law protects against:

• Non-conforming goods (Book 7, Article 17 of the Dutch Civil Code)
• Fraud or misrepresentation

However, protections are stronger for private buyers than for professionals, so dealers must rely mostly on contract terms and clear evidence.