Auction Lot significantly misdescribed can I also claim back high delivery?

Lucy_in_the_sky

I'm aware that Sale of Goods Act doesn't always fully apply to Auctions but have satisfied myself that it does apply in terms of a significant misdescriotion of the Lot I bid on , and won. The Lot description was 'pallette of laminate wood, 3 shades class c'.

Before bidding I spoke twice to a staff member at the auction house twice , and in brief ascertained that , class C means damaged boards ( and the damage could be seen to an extent in Lot photo) and that around 20% of the boards were damaged , some just minimal corners etc. I explained that I was looking to re-floor two separate rooms each around 18sq m ( ok with different type/ colour in each room) and i was reassured that "there would be more than enough to achieve this , and lots more besides" I reiterated just two rooms will do! Because of technical glitch I had to telephone again , and was again told what a fab bargain I'd got ' did you know youve won around 100 sq m of laminate' You will be e more than happy bla , bla , bla. Actually that was a far higher quantity than envisaged - but reassured I'd easily get my two rooms done.

Lot arrived , and clearly it was a tremendous effort to get that much laminate unloaded from the palette and into the house , but of course we knew that it would beforehand. What we did not expect is :

It's taken a more than several hours to date to lift off , stack in colours , sizes , types, shades ( bearing in mind no packaging it's all down to measuring and using your eyes) to sift through 80% of palette to identify: 17 completely different brand, shade, size or type of laminate planks; and, no single one of the 17 will provide sufficient coverage to complete either of our rooms even if we carry on matching remaining 20%.


A weekend of tedious, back breaking work with nothing achieved other than a ground floor covered with 17 stacks of mismatched and unwanted laminate!! ( if it wasn't happening to me I would be splitting my sides reading this ..... If it sound to good to be true .)

Obviously , I want my money back! Can't see there is any question about misdescription , but I paid the auction house £70 to deliver - what do you think is the the chance of getting that back ?

Also, the question of courier charge if they want it returning - I'm prepared to restack palette because need it out of the way soon as , but I'm not prepared to pay for return.

Any advice greatly welcomed on delivery cost aspects before I speak to Auction House tomorrow.

AndyMc.....

So it was described as a pallet of damaged laminate and that's what you've got?

lincroft1710

I would firstly check if there are any terms and conditions regarding the entries in the auction catalogue, especially phrases such as "the descriptions are approximate only", "you should satisfy yourself as to the condition/colour/quantity/quality of an item before bidding", "it is recommended that you actually view items prior to the auction".

Laminate flooring colours? Absolute minefield!

lincroft1710

Sales of Goods Act has been replaced by the Consumer Rights Act 2015

What was the final hammer price?

bris

Sounds to me you got what you paid for, he said she said will not win in court unless you can prove it.

dj1471

Lucy_in_the_sky wrote: »

Can't see there is any question about misdescription

I agree, it sounds like you got exactly what you purchased.

Did you not view the lot before bidding?

Sorry but I don't see any grounds for complaint or a refund. I suggest you speak nicely to the auction house about re-selling the lot, perhaps they'll make a goodwill gesture when it comes to fees.

neilmcl

Care to explain precisely how the lot has been misdescribed, also bear in mind the auction staff are not experts in flooring so you have to adjust your expectations accordingly.

mikb

Or ... and this not a consumer rights answer ... start trying to work out if you *can* use what you've ended up with.

You have stated that you can't do a single room in a single colour and style.

But -- before you despair, bear in mind that people have successfully floored rooms with mixed colours of laminates, mixed offcuts of new and reclaimed wood, even pallet wood.

It might take some creative thinking, or more work than you had originally planned.

There's a whole internet full of crazy flooring projects, starting with materials much worse than your starting point.

George_Michael

neilmcl wrote: »

Care to explain precisely how the lot has been misdescribed, also bear in mind the auction staff are not experts in flooring so you have to adjust your expectations accordingly.

Depending on the shade/colour difference, this may well cover the goods being misdescribed:

Lucy_in_the_sky wrote: »

The Lot description was 'pallette of laminate wood, 3 shades class c'.

Lucy_in_the_sky wrote: »

through 80% of palette to identify: 17 completely different brand, shade

The auctioneers may not be experts in flooring but if they categorically stated "3 shades" then 3 shades is what I would expect.
If they didn't know how many shade differences there were then they should have said so.

pinkshoes

Assuming there are more than three shades (type or brand is irrelevant as it did not state it was the same brand...) then you have a case!

Now you have categorised it, can you sell off any different like shades/brands to recoup what you paid?

Or is there so little of each type it is just skip fill?

Lucy_in_the_sky

Really ?? So you lot would just accept being at best being given a totally wrong answer to specific verbal questions , and at worst , lied to - and happily pay out for it?

LOT DESCRIPTION : PALLETE LOT OF LAMINATE IN THREE SHADES , CLASS C

Note : three shades , . , not seventeen shades ! ( I've no problem with class c bit I accepted some would it would be damaged)

But just to be sure i wasn't misunderstanding what three shades meant i made the effort and spoke to the Auctioneer TWICE ( & fortunately backed it up with a summarising email) .

So there's no doubt in my mind I have grounds for a refund! An accurate description ( section 11 Consumer Rights 2015) is required and see in particular Clause 10 sub 3 of same act. of a Lot ie buyer ( me) makes it known to trader ( expressly or implied) any particular purpose goods are intended for.

Finally , a person on is still a consumer for Section 11 even when dealing with an Auction House .