Mis sold at auction

[Hu11sey]

I won A 944turbo and was a telephone bidder during a classic auction. I paid in full and had my transport collect the vehicle along with all of the documentation, which has just been delivered to me in Newcastle upon Tyne.

Upon inspection of the enclosed Porsche guarantee maintenance it is clearly stated in the service book that on the 21/03/1994 the vehicle had a odometer change at 92,308 miles by Chapelgate Porcshe. The car then was serviced on the 06/10/2000 at Landford Garage Ltd, Wiltshire with an odometer reading of 47,503 (also stamped in the service book). MOT records show a climbing reading from 66,764 in 2011 to 69,699 in 2015. The car currently reads 69,830 quite clearly showing that it has done a total mileage of 162,138. This was not indicated on your auction list documentation nor advertised or described in anyway at the time of sale.

The car clearly has been over-valued and I have clearly been misled. Please can you advise me of my options.

[Theophany]

Any reason as to why it has an odometer change?

[Al U]

I advise you to read the terms and conditions of the auction house as that will tell you more than anyone here will.

[Butter Face]

Oh dear!

If they have sold it as verified mileage, they've cocked up.

If, on the other hand, they haven't stated it's verified then you could be on your own here!

Let us know what their response is!

[designforlife]

No chance that's down to an engine swap for one with lower mileage?

I appreciate altering the odometer in that instance would still be a little odd.

[Mustybadger]

Your statutory rights are still in effect;

https://www.citizensadvice.org.uk/Documents/Advice...

You may have to take action against the original owner instead of the auction house, but still, the auction house has a level of responsibility to provide correct and relevant information.

Have you spoken to them yet?

Edited by Mustybadger on Friday 18th December 09:40

[velocefica]

I would say that unless verified it's very much 'sold as seen' and they'll say it is up to the buyer to make sure they are aware of everything before bidding. As with most if not all car auctions they will fob you off

[Mustybadger]

I would assume that the auction listing provided a mileage reading, though? And if the history provided with the car denotes that the listing was incorrect then the Sale of Goods Act still applies. They can try to fob you off as much as they want, but the auction house are responsible for providing correct information on the listing and obviously in this case they haven't so statutory rights still apply.

It's not like they can say that it met the description as listed...

Still, each auction house will have their own terms and conditions so you should read through them and phone them up. If the mileage was denoted in the listing and you have proof the listing was incorrect they have no comeback unless the terms and conditions denote otherwise.

Edited by Mustybadger on Friday 18th December 09:49

[saaby93]

Have they replied? I thought reputable auction houses were onto this now

[Davey S2]

Mustybadger said:

I would assume that the auction listing provided a mileage reading, though?

I would be amazed if the auction house's Ts&Cs didn't include an exclusion that any stated mileage wasn't warranted as being accurate or correct. How could they possibly know this?

[bristolracer]

Theophany said:

Any reason as to why it has an odometer change?

Because Porsche odometers of that vintage are made of butter.

[divvyd]

I wonder if it being distance selling makes any difference to your rights...

http://www.lawdonut.co.uk/law/sales-and-marketing/...

[Theophany]

bristolracer said:

Because Porsche odometers of that vintage are made of butter.

I was thinking more along the lines of whether or not there was any evidence of a transplant, but point taken!

[t400ble]

Pickup the phone and call them

[Dr Interceptor]

Was it the white one on Tuesday?

I was there at the auction three days ago, looked at it, tidy car.

But with all of their auctions, statements of fact are 'non verified'. You need to satisfy yourself of the cars history before bidding. They will photo/scan service docs prior to the auction to assist with this.

Edited by Dr Interceptor on Friday 18th December 11:13

[Hu11sey]

Barons came on all heavy straight away saying that they had spoke to their legal people and they were only an agent, I again quoted the mis selling of goods act and that they could not hide behind there terms and conditions, however they bluntly said I was on my own and in a court of law it was not reasonable for them to have to check every service book

Again under distance selling rules over the phone I believe I have recourse

Which is the next best route?

Moderator edit: no unsubstantiated accusations please.

Edited by jeremyc on Friday 18th December 11:01

[Butter Face]

I think this pretty much answers the OP's question...

'Note: This description is provided by the vendor and unless otherwise stated is 'Not Verified' by Barons or any person employed by Barons. Prospective purchasers are advised to satisfy themselves as to the accuracy of any statements made, whether they be statements of fact or opinion.'

[R8Steve]

Looks like the cars yours regardless -

Note: This description is provided by the vendor and unless otherwise stated is 'Not Verified' by Barons or any person employed by Barons. Prospective purchasers are advised to satisfy themselves as to the accuracy of any statements made, whether they be statements of fact or opinion.

Not sure if you could take it up with the vendor but i have my doubts.

[Ozzie Osmond]

Dr Interceptor said:

But with all Barons auctions, statements of fact are 'non verified'. You need to satisfy yourself of the cars history before bidding. They will photo/scan service docs prior to the auction to assist with this.

Ouch.

[Hu11sey]

The law states that a seller cannot hide behind terms and conditions

Would it be worth going legal first or trading standards?