What are consumer rights at auction when buying non-specified faulty goods

song_mcbun

Hope someone can help.

I recently won two lots at auction consisting of six seperate electrical items. Having collected and attempted to use them I have discovered that 5 of the 6 do not even power up. I ran tests on fuses, plug leads and power supplies finding nothing untoward leaving me to assume that there are serious fundamental faults/flaws existing in all five.

Having been present at the auction, there were numerous lots where oral and written reference was made to damage or inherent faults within a particular item in a lot. These made no mention.

Having contacted the auctioneers requesting a resolution I was told, 'Nah sorry mate. Buyer Beware. They were sold as seen. You should've checked.'

What I find even more perplexing is that all six items possess stamps referring to electrical safety tests - leading me to assume prior to the auction that in the very least they would power up. How could they have passed said tests if they emitted no power?

Do I possess any avenues of redress or is the curt and dismissive monkey at the auction house correct?

unholyangel

However, if you buy at an auction it is possible to lose these rights if:
 the goods are second hand; and
 you have the opportunity to attend the sale in person; and
 you are told that the Sale of Goods Act 1979 (as amended) didn't
apply or that the goods were sold as seen. This could be by way of a
notice or exclusion clause in the catalogue; and
 the auctioneer can show that this was reasonable.


When you buy goods at auction, the buyer enters in to a contract with the owner of the goods, not the auctioneer. This means that if there is a problem with the goods, usually you have to take action against the owner of the goods, not the auction house. The auction house is not obliged to give you the owner's details, so tracing the owner can be difficult.

However, the auction house does have some responsibilities, for example, it must not make a false statement about the goods. These responsibilities should be explained in the terms of business of the auction house which must be displayed. These rules also apply to distance auctions in the UK. If you bought something on an internet auction from a firm based outside the UK, the law of that country will usually apply and you are going to need specialized legal advice.


If the goods are faulty
Refund
It is unlikely that you will be able to get your money back if it was clear when you bought the goods that the Sale of Goods Act did not apply (see above).
Where the terms of the Sale of Goods Act do apply (see above), you may be able to get your money back but this will be dependent on the seller being a trader and how long you have had the goods and the seriousness of the fault.
If the seller was a private individual, you would not have the rights of
satisfactory quality or fitness for purpose but you should still be able to rely on any description applied to the goods

System

What I find even more perplexing is that all six items possess stamps referring to electrical safety tests - leading me to assume prior to the auction that in the very least they would power up. How could they have passed said tests if they emitted no power?

Safety testing (aka Portable Appliance Testing) does not require the item to be powered up. It is a visual check for damage and is then connected to a PAT tester for checking such things as earth leakage etc.