Bought at Auction

kendall17

Hi guys,

Bought a few bits at auction to sell on, after one fantastic lot the other week i had another go this week. I bought http://www.i-bidder.com/en-gb/auction-catalogues/t-l-h-auctioneers/catalogue-id-4498/lot-2300861
this under the impression, it was what it says, a Delonghi Microwave, that along with the rest of the microwaves in the lot look practically new. (I bought 2 others and they were immaculate.)

Now I got home with the items tonight & have had a look at the lots I bought and am relatively happy, but this "Delonghi" isn't a Delonghi at all, instead its a Panasonic that looks about 15 years old and rescued from the local tip.

Now I accept the sold as seen tag but was wondering if there is anything that can be done?

TIA

unholyangel

Have you contacted the seller to make them aware of the error?

kendall17

As yet, no. The seller being the vendor/agent?

mattyprice4004

Yes, who else would it be?

pinkshoes

I'd just contact them to say they've given you the wrong item, and can you have the right item please. See what they say!

kendall17

mattyprice4004 wrote: »

Yes, who else would it be?

Technically the seller is the owner of the goods. The auctioneer is just the middle man/agent/vendor.

Hintza

I'll be interested in how this pans out.

What would worry me though is the OP would have had the opportunity to view the items but didn't in a bricks and mortar auction house.

Or is the auction house liable by not describing the item correctly.

It is this scenario that has put me off this type of auction.

kendall17

Hintza wrote: »

I'll be interested in how this pans out.

What would worry me though is the OP would have had the opportunity to view the items but didn't in a bricks and mortar auction house.

Or is the auction house liable by not describing the item correctly.

It is this scenario that has put me off this type of auction.

Aye, I have the chance to view in the warehouse but it is a bit of a trek for me, so will always be a gamble.

I was sat in the auction centre on Tuesday waiting for a lot to come through and the auctioneer seemed rather annoyed at some pictures of items being wrong which are shown throughout the auction centre as well as to the internet bidders, so there maybe something in that which will work in my favour.

I wouldn't let it put you off, the 2 others (Morphy Richards & Russell Hobbs micros) are brand new, just had the boxes opened and possibly taken from the packaging once.

The other week I had a cracking lot of unboxed printers (bigger gamble than the Delonghi as I couldn't test them). Paid £15 for £14 printers, got them home, 9 worked and shipped them off for £20 a piece!

Anselm

To my lay knowledge, the description mentions DeLonghi, and the picture is of DeLonghi. Therefore, I would say you should be able to get your money back as there is an implied term in SOGA that things sold by description should correspond with the description.

S. 13(1)Where there is a contract for the sale of goods by description, there is an implied [F9term] that the goods will correspond with the description.

There is a collateral contract between you and the auctioneer not you and the original owner of the goods, and the authority for this is

Barry v Davies (Trading as Heathcote Ball & Co) [2002] 1 WLR 1962

The Seller "offers" the goods for sale through the auctioneer to the bidders, but this is an invitation to treat, which is inviting offers from the bidders. Once the auction is ended (by time running out, or hammer going down) the contract is formed as the bidders offer has been accepted.

So I would say your best recourse is through the auctioneer (Please get more opinions though )

EDIT to add:
www.adviceguide.org.uk/wales/c_buying_at_auction.pdf
That PDF states that there is no contract between you and the auctioneer, yet my law book states that there is a collateral contract between you and the auctioneer. If the first is true, then you seek recourse from the original owner of the goods.

unholyangel

Anselm wrote: »

To my lay knowledge, the description mentions DeLonghi, and the picture is of DeLonghi. Therefore, I would say you should be able to get your money back as there is an implied term in SOGA that things sold by description should correspond with the description.



There is a collateral contract between you and the auctioneer not you and the original owner of the goods, and the authority for this is

The Seller "offers" the goods for sale through the auctioneer to the bidders, but this is an invitation to treat, which is inviting offers from the bidders. Once the auction is ended (by time running out, or hammer going down) the contract is formed as the bidders offer has been accepted.

So I would say your best recourse is through the auctioneer (Please get more opinions though )

EDIT to add:
www.adviceguide.org.uk/wales/c_buying_at_auction.pdf
That PDF states that there is no contract between you and the auctioneer, yet my law book states that there is a collateral contract between you and the auctioneer. If the first is true, then you seek recourse from the original owner of the goods.

AH will likely be acting as an agent for the seller.

Anselm

unholyangel wrote: »

AH will likely be acting as an agent for the seller.

I did wonder, but forgot to update thanks