Buyers remorse online Auction, can I pull out of purchase ?

[Jatboy]

Hi guys,

Can anyone confirm if I am able to pull out of this purchase where I am the winning bidder in an online only Internet Auction, as a private consumer? I plan on using consumer protection given under the consumer Rights Directive. Thanks Steve

This is the situation...
Due to Corona Virus a traditional Auction house house decided to continue their scheduled physical car auctions but online instead of in the traditional physical way. The big change however is that they are not allowing viewing of the cars. I bid on one of these cars and now due to some of the information given about the car in its write up on the sales portal being "slightly exaggerated" with regards of the servicing,...I want to cancel the purchase. Am I within my rights to withdraw as part of the cooling off period as Buyers are not allowed to view the cars in advance of bidding ?

This is not ebay type auction purchase, this is very much an auction house portal with a description and pictures of the car (provided by the vendor to them) and charging a commission from buyer and seller upon successful sale above the reserve price.

I tried to keep the info above as clear as possible. I tried telling the auction house about changing my mind about buying it, but they told me nicely that I had won so had no choice but to buy. I haven't hit them with consumer rights protection( as they have not allowed physical viewings of the car )angle yet as wanted a second opinion.


Pls do advise if you know if I am within my rights or not to pull out of the purchase.

Many thanks again

 

[GeeJayW]

Don't know if this helps..

Your Rights When Using Internet Auction Websites

 

[Jatboy]

Thanks, I saw that. but this info refers to someone like Ebay where the owner is selling the auctioned item but just using ebay as the market place.

My situation is a little different as it is like BCA doing an online auction to consumers but not allowing viewing until collection

 

[MCFastybloke]

If its not as described then i would have thought so

 

[GeeJayW]

If its not as described then i would have thought so

I also think that if the item was misdescribed, then as long as you have evidence of that, you should be able to dispute the transaction. That said, I've not done this myself, so purely speculation on my part.

 

[Jatboy]

The issue is a bit grey

They described the service history as " comprehensive " in the write up. It is a 18 year old car but missed all servicing from 2014 to 2019. They are saying because it has 11 services in total then their description as Comprehensive is correct. The car has only covered 6k miles during that missing 5 year period, which is why the owner didn't bother servicing it. To avoid getting into an argument, I want to understand if I can just walk away as they have not allowed viewing before or during so I have the right to cancel without giving any reason. Am I right ?

Thanks

 

[James Copeland]

Speak to a solicitor. Lots give 30 minutes free to discuss a case or Citizens Advice Bureau.
Much the better option IMHO
Jim

 

[Deleted member 6183]

Is this a trade auction or one open to the public?

B2B transactions will carry no consumer protection.

 

[MCFastybloke]

There is more to servicing than mileage,
Find out what it did actually miss according to the manufacturers schedule, put an email together highlighting this and stating this does not fit your definition of comprehensive. dont pay and see if they step the pressure up.

The issue is a bit grey

They described the service history as " comprehensive " in the write up. It is a 18 year old car but missed all servicing from 2014 to 2019. They are saying because it has 11 services in total then their description as Comprehensive is correct. The car has only covered 6k miles during that missing 5 year period, which is why the owner didn't bother servicing it. To avoid getting into an argument, I want to understand if I can just walk away as they have not allowed viewing before or during so I have the right to cancel without giving any reason. Am I right ?

Thanks

 

[Jatboy]

The auction is open to all. I guess they thought this online auction would be simple and a way to carry on their scheduled physical sale.

I checked mannheim auctions who interestingly appear to be doing the same thing by going online only and stopping in person viewings. Crucially they have excluded consumers and are selling only to trade ( Who I guess dont have the consumer protection of being able to pull out if not viewed the car in person )

 

[pmcgsmurf]

We have bought from a couple of Auction houses before, H&H, Brightwells & Morris Leslie for example.

You have to register, agree to all sorts of conditions and pay a deposit before you are allowed to bid.

It may help if you link the Auction House as I understand it would be very difficult to back out of one of these type of auctions.

 

[Dryce]

The issue is a bit grey

They described the service history as " comprehensive " in the write up. It is a 18 year old car but missed all servicing from 2014 to 2019. They are saying because it has 11 services in total then their description as Comprehensive is correct. The car has only covered 6k miles during that missing 5 year period, which is why the owner didn't bother servicing it. To avoid getting into an argument, I want to understand if I can just walk away as they have not allowed viewing before or during so I have the right to cancel without giving any reason. Am I right ?

Grey indeed.

AIUI you don't have a right to view in an online auction. You're not protected by distance selling rights that allow return or cancellation.

The word 'comprehensive' is interesting. It's ambiguous. I think the onus is on a trade seller selling to a consumer to be unambiguous. You'd need to focus on the term 'comprehensive' meaning complete - a gap of 5 years is clearly incomplete where the manufacturer would have specified time based service items - regardless of mileage.

However.

They probably use the word 'comprehensive' as a step down from full. And you have to ask yourself how reasonable they or you are being. Does the missing service period actually tangibly change the condition of the car you bought.

So as you say - grey. Would they fight it? Well you'd be best looking through the likes of Pistonheads for similar examples. If there are any that might give you a clue. You might also look at other auction descriptions and the use of the word 'comprehensive' - it may be generally used over the years (and by implication accepted) in the way which weakens your position - if it hasn't then you have a stronger case.

Another aspect is when was the last service. Has it been serviced since 2014. If not then your case is stronger. If it has been serviced afrom 2019 then if the car was properly serviced in 2020 then that strengthens their position. Arguably that means the servicing has been brought up to date and argubaly 'corrects' the gap.

Also bear in mind that a court action may well not invalidate the auction sale - but simply address the value difference between the vehicle as described and the price you paid.

 

[Darrell]

If you don’t pay what’s the worse than can happen?

 

[zipdip]

Well I would just pay for the car and put it down to Corona Madness,you have not said the sum involved but if this heads to a court then real money will be wasted big time.

 

[markjay]

Would you have proceeded with the purchase if it wasn't for the missing services?

Or have you changed your mind about buying the car regardless, and you are looking to use the missing service history as an excuse to pull-out?

Also, at what stage did you find out that the service history wasn't complete - did they only make available the service history to you after winning the auction - i.e. the service history was not made available to bidders?

 

[Bobby Dazzler]

Would you have proceeded with the purchase if it wasn't for the missing services?

Or have you changed your mind about buying the car regardless, and you are looking to use the missing service history as an excuse to pull-out?

Also, at what stage did you find out that the service history wasn't complete - did they only make available the service history to you after winning the auction - i.e. the service history was not made available to bidders?

^^ Precisely what he said

 

[Deleted member 149005]

There’s a clue in the thread title ....buyer’s remorse....

 

[ringway]

I have a BCA account and I doubt that the OP's plea would cut any mustard there.

Can we have the name of the auction house to see if we might be able to help?

 

[Deleted member 37751]

Sounds like the proverbial buyers remorse and a great example why trade auctions hate giving accounts to the general public.

If it’s anything vaguely B2B then you’ve either had to put down a decent deposit before bidding or you’ve got an account; either way, if you don’t complete the transaction, you’ll lose one, the other or both.

 

[Deleted member 6183]

Sounds like the proverbial buyers remorse and a great example why trade auctions hate giving accounts to the general public.

If it’s anything vaguely B2B then you’ve either had to put down a decent deposit before bidding or you’ve got an account; either way, if you don’t complete the transaction, you’ll lose one, the other or both.

Or, maybe, blagging it on a mate's account.