Auction House dispute

Finneganae

I'm writing this on behalf of a family member and would greatly appreciate any feedback on how we stand.  

A classic car was purchased via an online auction.  The member of my family put in a bid for it and became the highest bidder.  The bid was outbid.  The other bidder who put in the highest bid pulled out of the auction at the last minute.  So, the auction house contacted my family member via email after the sale had finished to say that they were now the highest bidder and would they like to purchase the car.  This was accepted.  

The car was described in the auction catalogue as a 'STUNNING AND GENUINE VEHICLE' however when the car was delivered the next day, it would not start.  The gear was disconnected from the gear box resulting the car not being able to move at all. After further investigation it transpired the car had a further 64 faults, some of which were serious and dangerous, there was no mention of any problems or faults with the car in the auction catalogue. The cost to put these issues right is going to be in excess of £20,000. It's fair to say that if my family member had known about the faults on the car, they would not have purchased it in the first place.  

Within 1 hour of taking delivery of the car the seller of the car was contacted and told about the problems and faults, he was not interested.  The auction house was then contacted and asked for a refund they also showed little interest and refused to refund. Solicitors have been approached to try and get a refund, but this is costing a lot of money and doesn’t appear to be getting very far. Both the auction house and the car owner seem to be relying heavily and hiding behind the auction houses extremely unfair and bias terms and conditions. The Solicitor agrees their T&C’s are questionable but has also said it would be a very costly exercise to take these people to court, and they know this. 

Has anyone had any experience with taking a case against an Auction house?  It seems that they do not appear to be accountable to anyone so we are not really sure of our rights without needing to spend a considerable sum of money and furthermore risk losing a case in court.  Any help would be very gratefully received.  

soolin

Apart from the words ‘stunning and original’ what other conditions were noted in the catalogue and also what was advised, assuming the family member asked for a Condition report? 

Finneganae

Thank you for your prompt reply. 

A condition report was not requested.  This was the words that was on the advert: 

This vehicle was first registered on 1st May 1969. 

This has a black interior and a black hood.  

Full numbers matching car. 

Original paint in cream. 

A stunning genuine vehicle. 

Viewing is recommended.  

soolin

Finneganae said:

Thank you for your prompt reply. 

A condition report was not requested.  This was the words that was on the advert: 

This vehicle was first registered on 1st May 1969. 

This has a black interior and a black hood.  

Full numbers matching car. 

Original paint in cream. 

A stunning genuine vehicle. 

Viewing is recommended.  

There is nothing to state actual condition in that and the statement ‘viewing is recommended’ is a strong hint that buyers needed to view the car to assess the condition, and that’s not unusual. The car is after all 53 years old and it’s unlikely to be in an excellent condition, I wouldn’t even buy a 2 year old car without asking some questions and viewing it first. 

I regularly attend auctions (not specialised car ones though) so perhaps I seem un necessarily harsh and I’m sure other regulars will give you a a more balanced view. However  those few lines in the catalogue are exactly what you got as it says nothing about the actual state of the car apart from colour. From that description it is hard to see where it is implied the car was a runner. Some of the auctions I attend do sell the odd vehicle or two and they always add the line about viewing the vehicle and if asked (or if a condition report is requested) will give basic facts so that potential buyers can either check the car themselves or bring a mechanic friend along to do it, most of the time buyers are allowed to switch the engine on and hear it turnover (assuming it’s a runner). 

Obviously there is nothing at all to stop you taking legal action, but I think you need to be realistic about buying something completely unseen. 

pinkshoes

Finneganae said:

Thank you for your prompt reply. 

A condition report was not requested.  This was the words that was on the advert: 

This vehicle was first registered on 1st May 1969. 

This has a black interior and a black hood.  

Full numbers matching car. 

Original paint in cream. 

A stunning genuine vehicle. 

Viewing is recommended.  

To be successful getting a refund you would need to prove that the car was not as described.

No where in that advert does it mention the car even runs, so you have no grounds for rejecting it on this basis.

"Viewing is recommended" - did you view it?!?!?

When buying ANY car it is always advised to ask (in writing) if it is mechanically sound.

Unless it has failed to meet any of the aesthetical criteria it describes in the advert then if you don't have £20k to get it running then your only choice is to put it back into an auction or sell it on.

How much did you pay and is this in line with what this sort of car would cost that doesn't run?

I imagine the buyer that pulled out went to see it and asked about the mechanics of it....

Grumpelstiltskin

If you still have access to the catalogue I would look how other cars in the auction were described.

If you find any described as running and yours was not that  should have been a red flag.

soolin

Grumpelstiltskin said:

If you still have access to the catalogue I would look how other cars in the auction were described.

If you find any described as running and yours was not that  should have been a red flag.

It depends on the type of auction house and whether this was a general auction with some vehicles or a specialised car auction . I only attend general auctions and a few lines about colour , age etc with a statement about buyer viewing is usual, auction houses tend to give basic information just to cover themselves- but will almost always provide a better (but still very basic) report on request but more importantly allow buyers to visit with or without a mechanic to check the cars over. They really don't expect people to buy vehicles completely unseen. 

Grumpelstiltskin

Agree Soolin, anything with an engine that was going to cost more than £25 I would want to see working, but then I am tight.

comeandgo

I think the fact that nothing is mentioned on its running capability speaks volumes.

TripleH

Sadly that advert basically tells you you need to check over the car before you buy because it's iffy but with enough spin on it that Rumpelstiltskin would be proud. (To my vety cynical mind).

MEM62

Grumpelstiltskin said:

Agree Soolin, anything with an engine that was going to cost more than £25 I would want to see working, but then I am tight prudent.

Corrected that for you