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What you need to know about trading in antiques
Archaeological monuments and cultural objects are protected by law. Sellers and buyers should keep a few important points in mind before selling or buying such items.
Archaeological antiques and cultural goods are subject to legal protection. That is why you should stay cautious while buying or selling them. If you illegally trade in antiques, you may face legal consequences.
If you want to sell or buy an antique item on Allegro, remember that:
- assessment of real material, historical, and artistic value requires extensive knowledge. Among items that are classified as antiques on the Internet, you can find counterfeits. That is why you should consider getting a professional advice on the matter to make sure the item you want to buy is authentic.
- it is illegal to list offers with antiques which were obtained illegally (for example, from theft or archaeological excavation conducted without permit).
- the Polish law prohibits exporting some antiques abroad without appropriate permits.
- under article 20 of the Act on the museums, a registered museum has the pre-emption right to antiques sold on auctions. The museum can file the declaration of exercising the pre-emption right immediately after the bidding of a given item, no later than after an entire auction comes to an end.
- a registered museum has the priority right to buy from entities running a business selling antiques within 14 days of the day the museum reports their intention to buy. If the museum exercises the priority right, the museum buys an item for the price from the moment of reporting their intention to buy.
What the buyer needs to know about trading in antiques
You can buy antiques and cultural goods only from people who are their legal owners.
To confirm that, ask the seller to document their right to ordain the item that is offered. You can also check where the item comes from. To do that, ask the seller to show you the proof of purchase of a given antique or another document confirming that the item has been obtained legally.
If you have any doubt, check if the item is not listed in the National Register of Stolen or Illegally Exported Antiques, managed by the Center for the Preservation of Public Collections, and confirm if it is legally owned in the INTERPOL National Central Bureau, UNESCO, or ICOM. You can also contact the National Team for Combating Crimes against National Heritage of the National Police Headquarters at: dziedzictwonarodowe@policja.gov.pl.
If the seller offers an antique in a way that is in any way dubious, and you do not check if it is listed legally before buying it, you may be charged with failure to comply with purchase conditions in good faith, and you may face legal consequences. If you are informed about selling antiques from an illegal source, or you have justified doubts concerning item authenticity, contact us.
If a registered museum exercises their pre-emption right or priority right, you will not be entitled to demand the seller completes the transaction even though you have won the auction. Legally, the seller will not be able to sell you the item.
What the seller needs to know about trading in antiques
The buyer may ask you to prove you have the right to sell an antique or a cultural goods, and to present documents confirming that you have obtained them it from a legal source.
If you find such an item in Poland accidentally or as a result of archaeological excavations, it does not mean you automatically become its owner. Legally, such items are owned by the Polish Treasury. Consequently, people who find such items do not have the right to sell it.
Offering counterfeit antiques or tampering with antiques in order to mislead the buyer about the item value is a crime, as well.
A sale made in violation of the priority or pre-emption right is null and void.
