A quiet auction saleroom with rows of empty wooden chairs facing a rostrum, a gavel resting on its block and lots displayed on shelves
AI-generated image, not a photograph of a real person or place.
doodleauction

WHAT THE LAW SAYS

Read the rules
before the hammer.

SOLD when the hammer falls

  • Inspect before you bid
  • Add the fees to your limit
  • Read the conditions of sale
  • Know the rules, bid calmly

At auction, the hammer makes the deal.

Until it falls you can take your bid back. Once it falls you have bought the lot, and if it is second-hand and the sale was open to the public in person, many of the usual shop rights do not apply.

Updated

Check your lot

THE SHORT ANSWER

The hammer
is the handshake.

Auction rules differ from shop rules.
Three things decide what you can do afterwards.

BIDDING

You can take a bid back, until

The Sale of Goods Act says a sale by auction is complete when the hammer falls, and until then any bidder may retract their bid.

Check your lot

SECOND-HAND

Fewer rights in the room

For second-hand goods at a public auction that people can attend in person, you are not treated as a consumer for most of the Consumer Rights Act's goods rules.

See the numbers

FEES

The hammer price is not the bill

HMRC describes the buyer's premium as a charge to the buyer based on a percentage of the hammer price. Guidance says VAT may apply to fees too.

Before you bid

General information only, not financial advice. For advice on your own situation, speak to a regulated financial adviser or a free money-advice service.

A QUICK LOT CHECK

What kind of
purchase is it?

Pick the situation closest to yours. The bar shows roughly how much of the standard consumer protection for goods bought from a trader carries over.

Lot check

Choose a situation
A second-hand lot in a saleroom you could attendLimited rights

The Consumer Rights Act says you are not a consumer for most of its goods rules here. A few still apply, including the sections on delivery and when risk passes to you.

A new item sold at a public auctionGoods rights apply

The second-hand exclusion does not cover new goods, so the Act's goods rules can apply. Contracts made at a public auction are still excluded from the cancellation rights in the 2013 Consumer Contracts Regulations.

A second-hand item from a trader with no option to attend in personUsual rights likely

The exclusion only applies where individuals have the opportunity of attending the sale in person. Without that, the standard rules for goods bought from a trader can apply.

The lot was not what the catalogue saidComplain first

Auctioneers must not falsely describe or misrepresent goods. nidirect advises complaining to the auction house first, then to any trade body it says it belongs to.

Sources: Consumer Rights Act 2015 section 2; Consumer Contracts Regulations 2013 regulation 28; nidirect guidance on auctions.

General information on UK law, not legal advice. The auction's own conditions of sale also matter.

TWO NUMBERS WORTH KNOWING

What you keep,
what you lose.

One right that second-hand saleroom lots miss out on,
and one rule that shapes every sale.

30 days

Short-term right to reject faulty goods

Normally a consumer has until the end of 30 days to reject faulty goods bought from a trader. That right sits in the part of the Act that second-hand public auction lots are excluded from.

RIGHT TO REJECT · CRA 2015

1 lot = 1 contract

How each lot is treated

Where goods are sold by auction in lots, each lot is treated as a separate contract of sale unless shown otherwise, so a problem with one lot does not automatically undo another.

SEPARATE LOTS · SALE OF GOODS ACT

The Sale of Goods Act also says a seller may only bid, or have someone bid for them, if the sale was notified as subject to a right to bid. A sale breaking that rule may be treated as fraudulent by the buyer.

FOUR HABITS TO TRY

Bid with your eyes
open.

A paper auction catalogue open on a table beside a wooden bidding paddle and a pencil
AI-generated image, not a photograph of a real person or place.

None of these needs expert knowledge. They come from official guidance and the rules that govern every sale by auction.

  1. Watch one sale first

    If you have never been to an auction, nidirect suggests going along to see how it works before you bid.

  2. Inspect the lot closely

    Look for catalogue notes such as AF (as found) or SAS (sold as seen), which may signal a fault.

  3. Read the conditions of sale

    They are shown at the venue or in the catalogue, and often include disclaimers about condition or authenticity.

  4. Set a limit that includes fees

    Decide your maximum, add the buyer's premium and any VAT on fees, and stick to it.

RESERVES AND SELLER BIDS

Not every lot
will sell.

Hands examining the underside of an old porcelain bowl with a magnifying glass at an auction viewing table
AI-generated image, not a photograph of a real person or place.

The Sale of Goods Act lets a sale by auction be notified as subject to a reserve or upset price, so a lot may not sell if bidding stays below it.

A seller may also reserve the right to bid, but only expressly. Where that right is not notified, it is not lawful for the seller to bid or employ anyone to bid, or for the auctioneer knowingly to take such a bid.

Questions

Questions people ask

Can I withdraw a bid at an auction?

Yes, until the sale is complete. The Sale of Goods Act 1979 says a sale by auction is complete when the auctioneer announces it by the fall of the hammer or in another customary way, and until then any bidder may retract their bid.

Can I return a faulty second-hand item bought at auction?

Often not under the Consumer Rights Act. For second-hand goods sold at a public auction that individuals can attend in person, a buyer is not treated as a consumer for most of the Act's goods rules. Check the auction's own conditions of sale.

Do I get a cooling-off period at an auction?

Not under the Consumer Contracts Regulations 2013: contracts concluded at a public auction are excluded from their cancellation rights.

What is a buyer's premium?

HMRC describes it as the amount charged to the buyer, based on an agreed percentage of the hammer price. The hammer price is the last bid accepted by the auctioneer when the hammer falls.

What do AF and SAS mean in a catalogue?

nidirect explains that AF means as found and SAS means sold as seen, and that either may signal a fault. Examine the item closely before bidding.

Sources

Where the facts come from

  1. legislation.gov.uk: Consumer Rights Act 2015, section 2 (key definitions)
  2. legislation.gov.uk: Consumer Rights Act 2015, section 22 (time limit for short-term right to reject)
  3. legislation.gov.uk: Sale of Goods Act 1979, section 57 (auction sales)
  4. legislation.gov.uk: Consumer Contracts Regulations 2013, regulation 28
  5. HMRC manual VATMARG04100: The auctioneers' scheme, terms used
  6. nidirect: Auctions

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