Guide: A collection of enthusiasts spent 150,000 yuan to buy a quaint mahogany case, who knows that it has been identified by industry experts as modern furniture after 1949. Through negotiations, the furniture store owner is only willing to refund 100,000 yuan. Collectors can only sue in court. A few days ago, Pingjiang Court concluded such a civil dispute. A collector of fans spent 150,000 yuan to buy a case of antique mahogany. Who knows that it was identified by industry experts as modern furniture after 1949. Through negotiations, the furniture store owner is only willing to refund 100,000 yuan. Collectors can only sue in court. A few days ago, Pingjiang Court concluded such a civil dispute. In April 2009, Zhengzhou collector Wu came to Suzhou to hunt for treasure. He was deeply attracted by a quaint mahogany case in a shop in Pingjiang Road. The case is about 2 meters long and is particularly beautiful in many antiques. Store owner Yang has claimed to collect antique furniture for many years and has considerable research. Wu said to the judge afterwards: "The boss said that this mahogany furniture was produced before the liberation, and may even be built in the middle of the Qing Dynasty." Wu was happy to step on the door, talked with Yang boss on the spot, the price, both sides At the price of 150,000 yuan, "money and goods are clear", but no written agreement was signed. After Wu sent the mahogany case back to Zhengzhou, his friends and friends heard the news. Unexpectedly, a friend questioned the age of the mahogany case, and said that there was a nose and eyes, so that Wu, who was originally convinced, would also doubt the letter. So, he took the case to Beijing and found an expert in the antiques industry for identification. As a result, Wu was disappointed. Experts identified the case not only in the middle of the Qing Dynasty, but also in modern furniture after 1949. After learning that he spent 150,000 yuan to buy home is not an antiquities, but modern furniture, in March 2010, Wu came to Suzhou to negotiate with Yang Bo, and secretly made a recording of the conversation. In the recording, Yang boss insisted that the case that he sold to Wu was made before liberation. If Wu wants to return the goods, he needs to deduct 15% of the price of the case. On May 16 of the same year, Wu sent the case back to the store of Suzhou Yang boss. On the same day, the boss of Yang was absent. The two had to contact SMS. In the text message, Yang boss is only willing to return 100,000 yuan. Wu’s heart does not agree. However, due to the inconvenience caused by long-distance travel, he decided to accept the 100,000 yuan refunded by Yang’s boss as a plan to slow down the troops. Return the balance. However, after Wu repeatedly urged him to be fruitless, he took the boss Yang to court. In the court, Wu believes that the boss Yang’s imitation of the furniture in the middle of the Qing Dynasty as a real mid-Qing Dynasty furniture was a fraudulent act. He asked the court to order Yang’s boss to refund the furniture for 50,000 yuan, pay the freight of 10,000 yuan, and request Boss Yang doubled compensation of 160,000 yuan in accordance with the provisions of the Consumer Protection Law. The defendant, Yang Bo, believes that he had verbally promised a full refund within six months when he sold the rosewood case. If he returned more than half a year, he would have to deduct a certain loss, so he only refunded 100,000 yuan, and he never gave it to Wu. A guarantee that the case was made in the middle of the Qing Dynasty. After the trial, the court held that the recorded evidence provided by Wu could only prove that Yang Bo had agreed to return 10% after deducting the industry regulations. Since then, Wu also transported the furniture to the boss of Yang at the request of Mr. Yang. It should be determined that Wu accepted the condition of “returning the 10% price to return the goods†proposed by Mr. Yang, and the two parties reached a consensus on this. Since Yang boss had already returned Wu’s 100,000 yuan, the court finally ruled that Yang Boss should return Wu’s 35,000 yuan. After the court's decision, neither party appealed. [Judge's words] Antiques and art trades are different from ordinary goods. According to their industry habits, buyers should use their own skills and professional knowledge to identify their values ​​and bear the corresponding risks. In the process of trading, the party's information possession is not strictly consistent, and the meaning of the parties' representation in a fair trading environment should be binding on them. Only when the seller uses fraud, etc., should be subject to legal regulation. In addition, if the seller has express or warranty on the transaction in the course of the transaction, it should be bound. It is recommended that antiques and art collectors make clear written agreements on the quality, price, return conditions, and liability for breach of contract in the course of the transaction to prevent future disputes.
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