Putting upholstered furniture into auction

[Guest Joanna M]

I have had different replies from three auction houses about selling some 1970's-90's upholstered furniture for me. What is their actual required legal stance please? Due go age none have any fire safety labelling. One auction says they can sell it because their terms/small print state any upholstered furniture sold is intended for non domestic use only & may not carry fire safety labels. Another said it can help if the item is manufactured prior to Jan 1950 or after 1988 (?!). The third one said it may take them as they are technically not the seller..just acting as an agent of the seller. I am incredibly confused and don't want to be in trouble after selling them. Have read the first document but cannot relate any of the three replies to the information in that document! Re'the Jan 1950 rule..how on earth could a date of manufacture be proven?

[Tom Sutton]

The guide to the regulations state,

10.4 Auctioneers The Regulations apply to second-hand furniture sold by persons in the course of business or trade such as auctioneers. However, they do not apply to furniture manufactured before 1 January 1950.

It is the case of interpretation, mine is, domestic upholstered furniture manufactured after 1988 is subject to the regulations if sold by persons in the course of business or trade which includes furniture if manufactured between 1950 and 1988, however any furniture manufactured before 1950 is exempt.

Deciding if a piece of furniture is pre 1950 would be a case of the style, is it utilitarian, type of wood used or the opinion of a valuer expert in this field.

Check out http://en.wikipedia.org/wiki/Utility_furniture and http://www.firesafe.org.uk/furniture-and-furnishings-fire-safety-regulations-19881989-and-1993/

I think the auctioneers at best is trying to interpret the regulations and at worst trying to manipulate them. I believe 1950 was chosen because prior to this date, although furniture was flammable, it was not highly flammable, as was upholstered furniture that was manufactured after that date. The synthetic material produced after 1950, especially PU foams was highly flammable, toxic and easily ignited which eventually resulted in the introduction of the regs.

[Guest Guest]

Tom..thanks for this reply. The auctioneer who stated it did not matter as he was merely an agent acting on behalf of the seller would seem to technically be correct I guess as he is only taking a commission to find a buyer on my behalf, in which case me - as the seller - would be the person in trouble if they don't have the required labelling. That is how I'm interpreting it anyway! I tried to call m,y local trading standards office to get a definitive answer on this "acting as agent" stance, but did not get any clear comment at all (I felt they were really saying they did not know). What a muddle. What I don't understand is how so many 2nd hand furniture places have piles of furniture seemingly affected by the regs' but all being sold without fire labels and nobody cares, or polices it.

[Tom Sutton]

As I have said, legislation is all about interpretation and until it is tested in the courts we will never have a definitive answer. The auctioneer who stated it did not matter as he was merely an agent acting on behalf of the seller, well he/she is selling second-hand furniture in the course of business or trade, so I would say is subject to the regulations. Having said that I watch bargain hunt on the television and they are particular careful about selling electrical goods or ivory items but not much is ever said about second hand upholstered furniture.

​I agree, although the trading standards is the enforcing authority they do not seem to know much about it and you only have to look around stores selling mattresses.

The best source of information on this subject is The Furniture Industry Research Association