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

Lucy_in_the_sky

Sorry, I updated before I had seen more helpful answers sbove and yes ' there are lots , of distinctly different shades.

dj1471

Lucy_in_the_sky wrote: »

So there's no doubt in my mind I have grounds for a refund!

The CRA does not apply:

a person is not a consumer in relation to a sales contract if—
(a) the goods are second hand goods sold at public auction, and
(b) individuals have the opportunity of attending the sale in person

http://www.legislation.gov.uk/ukpga/2015/15/section/2

If you read sections 2(5) and (6) properly you'll see that only the provisions relating to the CCRs apply. Sales at public auction where you have the opportunity to inspect the goods before-hand are not covered by the provisions requiring goods to match the description.

unholyangel

Lucy_in_the_sky wrote: »

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 .

But the key is not whether you've gotten what you expected (which would come under satisfactory quality), its whether you've gotten what was described.

As you say, section 11 (specifically paragraphs 4 & 5, along with sections 12, 28 & 29) still applies even when purchasing second hand goods at an auction they can attend in person. But section 10 - about goods being fit for a particular purpose - does not.

However even if it does apply, its colour is a characteristic, not a purpose. Its purpose is a floor covering. A mismatching floor will still serve the same purpose, just it wont be nice to look at.

I think your argument should focus solely on the not as described aspect with the common use definition of shade - given in the dictionary as slightly different degree of colour/variety of something. And if they are all slightly different then there is not 3 shades.

ARandomMiser

Could you be a bit inventive and use two sets together in some sort of pattern for a room?

dj1471

unholyangel wrote: »

As you say, section 11 (specifically paragraphs 4 & 5, along with sections 12, 28 & 29) still applies even when purchasing second hand goods at an auction they can attend in person.

Subsections 4 & 5 of section 11 are:

(4)Any information that is provided by the trader about the goods and is information mentioned in paragraph (a) of Schedule 1 or 2 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (main characteristics of goods) is to be treated as included as a term of the contract.

(5)A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.

These are the only parts of section 11 that apply - the provisions relating to matching the description do not.

lincroft1710

You state "3 shades class c", which could be that 3 shades of the laminate are damaged, rather than there are only 3 shades of laminate.

unholyangel

dj1471 wrote: »

Subsections 4 & 5 of section 11 are:
These are the only parts of section 11 that apply - the provisions relating to matching the description do not.

That whole section - including paragraphs 4&5 relate to goods being as described.

Just only paragraphs 4&5 applying means what can be considered a description is limited to the main characteristics of the goods.

davemorton

As mentioned above, it could still work.

Emoji

what was stated in the email ?

I think that more than any discussions over the phone will add adhesion to your side of the disagreement.

Can you post the email . Redacting any personal information

dj1471

unholyangel wrote: »

That whole section - including paragraphs 4&5 relate to goods being as described.

Just only paragraphs 4&5 applying means what can be considered a description is limited to the main characteristics of the goods.

What those sections of legislation ultimately mean is that any information provided on the characteristics of the goods forms part of the contract. It is highly likely that the auction house provided no such information.

The information prescribed by the CCRs only needs to be provided if the "information is not already apparent from the context" of the sale (CCRs 9(1)). In an auction the characteristics of the goods are established by the buyer viewing them prior to bidding. The catalogue no doubt contains a suitable caveat to that effect.

The other consideration to be aware of is that the OP has a contract with the seller, not the auction house, so any information provided by the auction house cannot be considered pre-contract information because no contract exists between the OP and the auction house.