any advice regarding sale of vehicle at auction and problems

wrightk

i am posting this on behalf of a work colleague who bought a 55 citroen c3 at auction less than a month ago. he paid 2300 not including buyers premium at auction. the car was presented as being offered up in a lot of citroen main dealer vehicles- not private. there was no warranty offered up on the vehicle.

upon paying and inspecting the vehicle immediately after auction we noticed that the engine had been partially dismantled and the pressurised hose had been taken off.further down the line and after visiting many garages we found a local garage, the owner of it claimed to have seen this vehicle 2 weeks previously by a man not from a citroen dealer.He has told us that the whole system is a complete write off and will cost 3k to fix. There is fragments of metal everywhere in the diesel system.

He understood the risk at the point of sale but feel that the car was misrepresented. It was presented, on the internet and in person as being a main dealer vehicle not privately entered and he wouldnt have bought it if it was privately entered.

Is there any right for legal action against either the auction house or person entering the vehicle for sale

colino

Go back to your first paragraph. No warranty.
Doesn't matter who entered the car, dealer, main agent or whatever, the car is as seen and you either invest in it and repair or cut your losses and sell on.

vaio

or, the details given by the auction house must be true and if they aren't then the sale can be unwound.

Warranties about mechanical condition are one thing, and in this case there was none. Description as to status of seller and other details is something else and, whilst giving them isn't required, if they are given then they must be true.

this is the relevant bit....

wrightk wrote: »

.......It was presented, on the internet and in person as being a main dealer vehicle not privately entered and he wouldnt have bought it if it was privately entered........

to concentrate on, assuming you have copies and it was privately entered.

s_b

cheap car initially as they always are
i often advise the common man not to buy at auction unless they are wiling to take a big hit like we have to in the trade
yes ive often been offered a dud with a main agent sticker in the window but when you have done the job long enough there are plenty of ways to spot a legger
as for your friend then basically nothing to be done how does he even know its wasnt px into a dealer has he spoken to last owner in log book to start a trail
end of the day its the modern world these large auctions arent there to help anyone they are there to empty your pockets

can i suggest next time your friend buys from an established local independant recommended dealer who would not try and pass a lemon on like this but would buff it up to kingdom come and stick it in an auction,i even know one trader who nicks main dealer stickers and if a representative of the auction is not present he slips a driver to stick his bad un in the middle of this main dealer flow
its always happened but when i try and advise people not to buy at auction unless100% savvy the likes of mikey 72 sgt pauper and not my real name because im in care try to put me down and say ah but your a trader
maybe but always willing to give advise and probably stood behind you in netto on a night trying to save a bob just like you

one final note

caveat umpar you will never prove fraud its too late and wouldnt get you anywhere

wrightk

i understand that and realise that the sale of goods act doesnt apply etc but as the terms and conditions of the auction house state ;

if a sufficiently material representation has been made, to rescind in accordance with clause 46a or alternatively (and in all other circumstances where not a sufficiently material misrepresentation) to retain posession of the goods and claim for any losses directly suffered by the purchaser.

the car was presented as being entered by the main citroen dealer for this area, this is documented. however they have confirmed that this is not the case after speaking to them. So is this not a case of deception/misrepresentation?

verityboo

wrightk wrote: »

further down the line and after visiting many garages we found a local garage, the owner of it claimed to have seen this vehicle 2 weeks previously by a man not from a citroen dealer.He has told us that the whole system is a complete write off and will cost 3k to fix. There is fragments of metal everywhere in the diesel system.

Perhaps the private owner that the garage saw part exchanged the car at a Citroen main dealer who then stuck it in the auction?

Premier_2

wrightk wrote: »

i understand that and realise that the sale of goods act doesnt apply etc but as the terms and conditions of the auction house state ;

if a sufficiently material representation has been made, to rescind in accordance with clause 46a or alternatively (and in all other circumstances where not a sufficiently material misrepresentation) to retain posession of the goods and claim for any losses directly suffered by the purchaser.

the car was presented as being entered by the main citroen dealer for this area, this is documented. however they have confirmed that this is not the case after speaking to them. So is this not a case of deception/misrepresentation?

What loss exactly has the buyer incurred because the vehicle may or may not have come from a main dealer?

If the car is knackered and it's going to cost £3k to fix, then it's knackered and going to cost £3k to fix no matter who the seller was.

The car was bought at auction without warranty.
Caveat Emptor!

If your "work colleague" wanted a vehicle from the Citroen dealer, then he should have gone to the Citroen dealer to buy one.

wrightk

the loss is the amount paid for the vehicle. as if it was privately sold then he wouldnt have touched it with a barge pole!

my 'work colleague' as you put it cannot afford to buy from a main dealer direct but as i have had many dealings with auction houses i know that if you buy from dealers through auctions the quality is good as a dealer has a reputation to maintain.

a car bought without warranty is fair enough, however a car that has been made to look like its from a fleet of dealer vehicles when its actually a privately entered vehicle surely is misrepresentation

Premier_2

wrightk wrote: »

the loss is the amount paid for the vehicle. as if it was privately sold then he wouldnt have touched it with a barge pole!

my 'work colleague' as you put it cannot afford to buy from a main dealer direct but as i have had many dealings with auction houses i know that if you buy from dealers through auctions the quality is good as a dealer has a reputation to maintain.

a car bought without warranty is fair enough, however a car that has been made to look like its from a fleet of dealer vehicles when its actually a privately entered vehicle surely is misrepresentation

The car is knackered.
It would be knackered whoever sold it
What do you think main dealers do with cars that are knackered?
They certainly won't stick them on their forecourt to sell.

So my question was, and still is, what loss has your "work colleague" incurred due to a possible error in the sellers details?

vax2002

Put it back through !

Notmyrealname

wrightk wrote: »

Is there any right for legal action against either the auction house or person entering the vehicle for sale

No. Auctions are all caveat emptor sold as seen. The auctioneer will have said that there is no guarantee to the state of the vehicle and that it is up to the purchaser to ensure they check the vehicle. They will have made absolutely no comments about the condition of the vehicle.

my 'work colleague' as you put it cannot afford to buy from a main dealer direct but as i have had many dealings with auction houses i know that if you buy from dealers through auctions the quality is good as a dealer has a reputation to maintain.

Rubbish. No auction I have ever been to has said where the vehicle has come from. Auctions are where dealers send the P/Xs and the lemons.