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John Pye online auction, everything is broken on arrival, anything I can do?
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ThumbRemote wrote: »There is no legal basis for 'sold as seen' in consumer law. Can you explain why it is considered legal in an auction? Genuine question.
https://www.citizensadvice.org.uk/Documents/Advice%20factsheets/Consumer%20Affairs/c-buying-at-auction.pdf
It all hinges on the brief description given by the auctioneer. If the goods were described as being new or guaranteed working then OP would have a case. However, in line with most auction houses the descriptions tend to be brief- have a look at some of their current auctions where the briefest of descriptions is give- with nothing about being new, working or guaranteed just 'laptiop xx model'
This is the important bit:
However, if you buy at an auction it is possible to lose these rights if:
the goods are second hand; and
you have the opportunity to attend the sale in person; and
you are told that the Sale of Goods Act 1979 (as amended) didn't
apply or that the goods were sold as seen. This could be by way of a
notice or exclusion clause in the catalogue; and
the auctioneer can show that this was reasonable.
When you buy goods at auction, the buyer enters in to a contract with the
owner of the goods, not the auctioneer. This means that if there is a problem
with the goods, usually you have to take action against the owner of the
goods, not the auction house. The auction house is not obliged to give you
the owner's details, so tracing the owner can be difficult. However, the
auction house does have some responsibilities, for example, it must not make
a false statement about the goods.I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.0 -
ThumbRemote wrote: »There is no legal basis for 'sold as seen' in consumer law. Can you explain why it is considered legal in an auction? Genuine question.(5)For the purposes of Chapter 2, except to the extent mentioned in subsection (6), 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.
From consumer rights act. So it those circumstances, they are not a consumer except when it comes to sections 11(4) & (5), 12, 28 & 29 of the same act.
Meaning there is no requirement of satisfactory quality, fit for purpose etc.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride1
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