Auction Item Damage Liability

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Summary

In England, the Sale of Goods Act 1979 holds sellers responsible for auction items until delivery. If an item is damaged during shipping, the seller is liable unless they can prove otherwise. Under the Consumer Rights Act 2015, you are entitled to a refund or replacement. If the seller fails to provide proof of damage, you can raise a dispute. For unique auction items, insisting on a replacement may be challenging, but you can seek legal advice or contact the auction house for further assistance.

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i won an aution and paid for the item, after a week the seller wants to cancel the sale as the item got damaged
Based on the Sale of Goods Act *:
- The seller is responsible for the item until it's delivered to you.
- If the item got damaged before delivery, the seller is liable.
- You have rights to seek full refund or replacement.
Does the seller provide any proof of the damage?
no, is he required to?
Yes, the seller should provide proof of damage. If they fail to do so, you can raise a dispute. You are entitled to a refund or replacement under the Consumer Rights Act *.
if i wont the item for cheap can i insist that they provide a replacement, because i cant purchase the same item for this amount
Yes, under the Consumer Rights Act *, you can insist on a replacement. However, the seller may argue it's impossible due to the unique nature of auction items. If they refuse, you may seek legal advice or contact the auction house for assistance.