Featured Can An Establishment Get Into Legal Trouble For Misrepresenting Antiques?

Discussion in 'Antique Discussion' started by Joe2007, Sep 12, 2019.

  1. Joe2007

    Joe2007 Collector

    Can An Establishment Get Into Legal Trouble For Misrepresenting Antiques?

    Found this situation interesting. There is a flea market business in a touristy area of Ohio that purports to be a place where "real" antiques are bought and sold and even has "antiques" in the name of their business. In reality these antiques are truckloads of loads of fakes, reproductions, and replicas sourced from overseas along with a bunch of other imported goods marketed to tourists.

    This flea market charges an admission fee in the form of a parking charge. The fee is nominal but I think the practice of luring people in, profiting from an admission fee, and then pulling a bait and switch is very unethical and maybe even illegal.

    The tourists seem to overall like the place and I don't think that many realize they have been swindled although a few do and post very negative reviews online. Business is apparently booming and this place has expanded several times in the past decade. It is a shame that all of this success is built on false advertising and imported trinkets.

    Your thoughts?
  2. kyratango

    kyratango Bug jewellery addiction!

    Shame! That should be illegal!:rage:
  3. DeAnne

    DeAnne Well-Known Member

    It should be illegal but unfortunately it is not. They can sell only a few real pieces an claim that it's a place where Real Antiques are Bought an Sold. It is the sad truth.
  4. Bronwen

    Bronwen Well-Known Member

    Quite a business model. Sleazy, but think DeAnne is right & the only law is caveat emptor. I know of no law enforcement entity that would want to get involved in authenticating antiques.
  5. say_it_slowly

    say_it_slowly The worst prison is a closed heart

    You know, there are many people that like an antique "look" but don't really care about the age. This sounds like a place for such decor hunters.

    We used to have a similar discussion in my house. I liked old things, my husband liked old styles made in pretty wood and was happy with new.

    I object if things are incorrectly called antique but most "antique" places I've been in recently are a mix of old, new and used.
    Fid, Rabid Collector, Joe2007 and 3 others like this.
  6. johnnycb09

    johnnycb09 Well-Known Member

    If they could shut down a business for that,most "antique " stores would be closed ! Very few I go into have less than 70% reproductions,20% vintage and 10% genuine antiques.Nature of the beast I fear. Besides,who doesnt carry an i-phone nowadays? They can easily snap a pic and google search. If they buy it,its more because they like the look.
    Jivvy, Joe2007, pearlsnblume and 2 others like this.
  7. Bronwen

    Bronwen Well-Known Member

    When it comes to it, if we could only call this site Antiquers if everything shown & asked about were genuinely antique, we would have to change the name to PeopleWithStuff.com :joyful::p
    KSW, Sandra, Fid and 14 others like this.
  8. Dave47

    Dave47 Active Member

    If, and only if, the seller gives a guarantee of authenticity, is the seller liable.

    That said, one needs to buy an item of "sufficient value" to make a fraud a felony and get such a guarantee in writing, and then prove the item is fake, before any police are likely to act. So much for "law."

    However, an enterprising reporter who "discovers" such fakes being sold, can probably get a journalism award or two, and a lot of reaction from the folks who allow the "subtenants" to act fraudulently.

    A few photos of the "Made In China" cartons would add spice.

    The BBB, unfortunately, is highly unlikely to do much.

    See: https://www.sandiegouniontribune.co...own-on-flea-market-fakes-2010dec29-story.html

    And (unfortunately): http://customsandinternationaltrade...unterfeit-merchandise-into-the-united-states/
    Last edited: Sep 12, 2019
    Sandra, kyratango, Joe2007 and 2 others like this.
  9. lvetterli

    lvetterli Well-Known Member

    :hilarious::hilarious::hilarious: Oh, goodness, I needed that laugh!

    Any Jewelry, kyratango and Bronwen like this.
  10. evelyb30

    evelyb30 Well-Known Member

    We're only a venue. Unquote.

    Sound familiar?
  11. komokwa

    komokwa The Truth is out there...!

    Besides,who doesnt carry an i-phone nowadays?

    Ummmm...............:oops::eggface::eggface:;):shame::shame::shame:..............me !

    I was involved in a case where a known antique store sold a fake NA rattle as authentic...... with my say so , it never made it to court as the dealer settled....
    Does that count ??
  12. Joe2007

    Joe2007 Collector

    I was thinking this would possibly run afoul of some state level consumer protection and unfair trade practices legislation. I'm not an attorney so I don't know what criteria would need to be met for the state to take interest. Of course it would then fall to the attorney general to investigate the matter and then successfully prosecute. They only do so in flagrant cases where the public interest is strong.
    Last edited: Sep 12, 2019
    Any Jewelry and Bronwen like this.
  13. Joe2007

    Joe2007 Collector

    One problem in the antiques & collectables world is that the terminology is so loosely defined and that would make successful prosecution much more difficult.
    Any Jewelry and Bronwen like this.
  14. bercrystal

    bercrystal Well-Known Member

    I think it would be difficult to prove intent to defraud. JMHO
    Bronwen likes this.
  15. Rabid Collector

    Rabid Collector Active Member

    Hate all these smart phones. Makes us too accessible 24/7. By the way I think that counts...
    komokwa and Bronwen like this.
  16. Jivvy

    Jivvy the research is my favorite

    Totally agree.

    And yet... this message brought to you via my smart phone.
    Rabid Collector and Bronwen like this.
  17. bercrystal

    bercrystal Well-Known Member

    Only if you want to be accessible. :p:p:p

    Just because it rings doesn't mean you have to answer it or respond to a text immediately. :happy::happy::happy:
    Bronwen likes this.
  18. komokwa

    komokwa The Truth is out there...!

    Oh , yes it does !!
    Maybe not for U.....but for everyone else who has grown up with a phone peaking out of their back pocket....if you don't answer that text..NOW...U will be judged by others in a negative way !
    Bronwen likes this.
  19. Vintage Maven

    Vintage Maven Vintage Maven

    I kinda agree with some of the smartphone comments, I’ve learned not to become the phone’s Pavlov’s dog. I actually am probably some of the few in my generation to walk down the street with my head up enjoying the view around me rather than looking down at what’s in my hand. I also got rid of all my social media like Facebook & Instagram, I totally love my autonomy. I keep this forum handy though, great real people on here, even though we chat through technology. Smartphones are useful in some situations, but not all. Sorry if I strayed the convo a bit lol
  20. Bronwen

    Bronwen Well-Known Member

    If you think this is less addictive than FB, think again:


    Whenever we either can't answer a question at all or really have done to most people's satisfaction, it gets like this. It's what turns the place into a community.
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