The operators of voluntary sales of furniture by public auction mentioned in Article L. 321-4 are liable to the seller and the buyer for the representation of the price and the delivery of the goods for which they have conducted the sale. Any clause that seeks to exclude or limit their liability is deemed to be unwritten.
The auctioned goods may only be delivered to the buyer when the operator who organised the sale has received the price or when any guarantee has been given to him regarding payment of the price by the buyer.
Failing payment by the successful bidder, after formal notice has remained unsuccessful, the property is put back up for sale at the seller’s request on reiteration of the bids; if the seller does not make this request within three months of the auction, the sale is cancelled ipso jure, without prejudice to damages and interest owed by the defaulting successful bidder. The latter may not take advantage of the cancellation of the sale to avoid its obligations.
The funds held on behalf of the seller must be paid to the seller no later than two months after the sale.
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