Trade Sale term HELP?!

Snatchy810

Hi all,

So this evening I have been looking to purchase a car, stupidly rather than going to a local garage and viewing a car I decided to bid online via bidspotter. I found the car I wanted and it was a great price but the reserve price wasn't met so I placed a bid of £4,800. Reserve price upon bidding still not met. I though fair enough I aren't willing/able to pay anymore.

Then 35 minutes later I receive an email saying I'd won the auction, they had only gone and changed the reserve price, I thought fair enough and accepted this as fair play.

Then I start reading the agreement of sale to find the following:

*** SALES DETAILS / TERMS OF BIDDING ***

REGISTERING TO BID:


BY REGISTERING TO BID IN THIS SALE ON ANY LOT(S) / ITEM(S) LISTED WITHIN OUR CATALOGUE YOU ARE AGREEING TO THE TERMS OF SALE / TERMS & CONDITIONS, IF YOU DO NOT AGREE TO THESE TERMS OF SALE "DO NOT BID" AS BIDDERS ARE ENTERING INTO A CONTRACT BY DOING SO **ALL BIDDERS ARE LEGALLY BOUND ONCE THERE ACCOUNT HAS BEEN APPROVED FOR BIDDING**

THIS IS A TRADE ONLY SALE "NOT A CONSUMER SALE” TRADE ONLY MEANS THAT CONSUMER RIGHTS DO NOT APPLY, ALL BIDS SUBMITTED ARE VALID WITHOUT EXCEPTIONS, VENDORS MAY DECIDE TO REDUCE / REMOVE / INCREASE ANY RESERVE PRICE WHICH HAS BEEN SET AT ANY GIVEN TIME THROUGHOUT THE SALE.

SO REMEMBER - YOU BID TO BUY (ALL BIDS ARE VALID WITH NO EXCEPTIONS)


**Auction Company Name** STRONGLY ADVISE THAT ALL POTENTIAL BIDDERS READ AND FULLY UNDERSTAND THE TERMS SET OUT AND WHAT THEY ARE AGREEING TO PRIOR TO REGISTERING TO BID, ONCE REGISTERED, THESE TERMS HAVE BEEN AGREED AND THE BIDDER HAS AGREED TO BE LEGALY BOUND BY THEM, BY CHOOSING NOT TO READ / FULLY UNDERSTAND, ALL RESPONSIBILITIES FALLS ON THE BIDDER / ACCOUNT HOLDER, NOT THE AUCTIONEER / VENDOR.

---

To my surprise I didn't realise that it was a trade sale, as I am not in the motor trade, therefore I believe I'm a consumer.

I am now been asked for payment by Friday 15th Feb at 5pm, now with the above it has made me doubt the reliability of the vehicle so I'd ideally like to cancel the sale. However in the terms of sale bit it states a 25% cancellation fee (£1200 + VAT) will be payable and its at the auctioneers discretion if they accept the cancellation.

Can I get out of this sale without paying any fee's ? I haven't signed anything, however I may of pressed buttons to agree to terms of the sale. No money has exchanged hands yet so I urgently need advice.

Regards
Ben

Cetshwayo

You had to register on their website, surely you did your background research before registering?

Looks like buyers remorse to me.

The only argument you could have is changing the reserve price (but I suspect that may be covered under their T&Cs)

Snatchy810

Cetshwayo wrote: »

You had to register on their website, surely you did your background research before registering?

Looks like buyers remorse to me.

Its an online site like ebay, but then you register to bid on individual auction sites. I don't have buyers remorse I still would of liked that car but it just seems fishy that they are trying to wavier all my rights as a consumer.

Aylesbury_Duck

Snatchy810 wrote: »

Its an online site like ebay, but then you register to bid on individual auction sites. I don't have buyers remorse I still would of liked that car but it just seems fishy that they are trying to wavier all my rights as a consumer.

There's nothing fishy about it, they're not trying to waive your rights as a consumer, you don't have any because you registered yourself as a trade buyer. It's you that's given up your own consumer rights.

If you still want the car, complete the sale. If you don't, you'll have to abide by the terms and conditions you signed up to or sit tight and hope they don't enforce them.

AdrianC

Whether you can't be bothered to read what you're agreeing to or not, and "inadvertantly" declare yourself to be trade or not, a genuine consumer cannot waive their legal rights. They still apply.

You know for sure that any attempt to enforce those rights will not be straightforward, and you will need to take it to court, but it's not a slam-dunk that you will lose.

This boiler plate says nothing about this particular car, though, so there's no need to worry about any such implication. You have bought what exactly you freely bid on, in the awareness of the full information that was available to you prior to bidding. You have done so in the knowledge that the bid you placed was binding. So what grounds do you have for wanting to rescind that bid? Just your realisation of (probably non-binding) terms and an inference you're making from them?

Snatchy810

I don't mind still buying the car, I'd just prefer to buy it will some responsibly of the seller that if it breaks down up the road it can go back for a full refund.

Also as i've not paid yet doesn't that mean the sale isn't complete? So if I let them know now that I'm a consumer and that by accepting the payment they are aware of that fact, would that help? just thinking outside the box here.

oddjobbpb

Whether you can't be bothered to read what you're agreeing to or not, and "inadvertantly" declare yourself to be trade or not, a genuine consumer cannot waive their legal rights. They still apply.

Actually you can....go to BCA and buy 'as seen' you've bought as seen with no comebacks

neilmcl

Snatchy810 wrote: »

Its an online site like ebay, but then you register to bid on individual auction sites. I don't have buyers remorse I still would of liked that car but it just seems fishy that they are trying to wavier all my rights as a consumer.

And what rights are are you expecting to have?

You purchased via an auction, normally your "consumer" rights will be limited, ie, sold as seen/described.

neilmcl

Snatchy810 wrote: »

I don't mind still buying the car, I'd just prefer to buy it will some responsibly of the seller that if it breaks down up the road it can go back for a full refund.

Also as i've not paid yet doesn't that mean the sale isn't complete? So if I let them know now that I'm a consumer and that by accepting the payment they are aware of that fact, would that help? just thinking outside the box here.

Again, this isn't go to happen as you purchased via an auction. No returns, no refunds, sold as seen, doesn't matter whether you're a consumer or trader.

macman

Pay up, and immediately put the car back into auction.
It's no good constantly claiming that you are a consumer, because you rescinded your consumer rights when you registered. If you fail to complete the sale then you will be in breach of contract.

AdrianC

Snatchy810 wrote: »

I don't mind still buying the car, I'd just prefer to buy it will some responsibly of the seller that if it breaks down up the road it can go back for a full refund.

And you're almost certainly in exactly the same position as you thought you were. You just know they won't play ball if you need to, you'll have to take them to court. Just the same as if it was a "consumer sale", but they turned out to be awkward.

Also as i've not paid yet doesn't that mean the sale isn't complete?

You are contractually bound, and they could take you to court for the money that you agreed to pay if you backed out.