Auction Law in Belgium

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.

A dealer who buys from a Belgian auction house generally can return a fake, but it depends on the specific auction house's terms and conditions and how the item was described.

Here are the key factors:

1. Auction House Terms

Reputable auction houses in Belgium (and the EU generally) usually offer some guarantees of authenticity, especially if the item was described as genuine. If it's proven to be fake, you may be entitled to a refund or the ability to return the item.

2. Description and Misrepresentation

If the item was sold as "authentic" or under a clear attribution, and it turns out to be fake, that’s grounds for a return. However, if it was sold “as is”, “in the style of,” or “attributed to,” that gives them legal wiggle room.

3. Time Limits

There is often a limited period to dispute authenticity—commonly 14 to 30 days after the sale, sometimes longer. You must act quickly once the forgery is discovered.

4. Proof and Expert Opinion

You may need to provide expert verification or documentation proving the item is not authentic. A professional appraisal or lab test might be required.

5. Consumer vs. Dealer Protections

Dealers may have less consumer protection than private individuals under Belgian and EU consumer laws. However, contractual rights still apply.

Would you like help finding the return policy of a specific Belgian auction house?