Mis-sold car at auction. What can I do?
Discussion
Afternoon all,
Thought I would get some opinions off you good people before I contact the Auctioneers.
Basically, I recently purchased a vehicle from an auction. It was sold as having M.O.T until 2015 and stating buyer to obtain duplicate M.O.T certificate. When I tried to obtain the M.O.T certificate it turns out that the car has no M.O.T and that it expired in 2014.
Obviously the car wouldn't have sold for what it did if it was sold as having no M.O.T. Will the auction house have some get out clause to cover them or do I have a right to demand some money back on the vehicle?
Any of you guys know the law regarding this?
Many thanks,
Geoff
Thought I would get some opinions off you good people before I contact the Auctioneers.
Basically, I recently purchased a vehicle from an auction. It was sold as having M.O.T until 2015 and stating buyer to obtain duplicate M.O.T certificate. When I tried to obtain the M.O.T certificate it turns out that the car has no M.O.T and that it expired in 2014.
Obviously the car wouldn't have sold for what it did if it was sold as having no M.O.T. Will the auction house have some get out clause to cover them or do I have a right to demand some money back on the vehicle?
Any of you guys know the law regarding this?
Many thanks,
Geoff
Have you got any written evidence that the auction house sold it with having an MOT, such as a pre auction brochure?
If you do I would get hold of it and then speak with the auction house. They have sold a car with incorrect information which has cost you, therefore they should sort it out one way or another.
If you do I would get hold of it and then speak with the auction house. They have sold a car with incorrect information which has cost you, therefore they should sort it out one way or another.
georgefreeman said:
Have you got any written evidence that the auction house sold it with having an MOT, such as a pre auction brochure?
If you do I would get hold of it and then speak with the auction house. They have sold a car with incorrect information which has cost you, therefore they should sort it out one way or another.
Rules at an auction group I use are roughly...If you do I would get hold of it and then speak with the auction house. They have sold a car with incorrect information which has cost you, therefore they should sort it out one way or another.
Description in your catalogue is a guide.
The description offered by the auctioneer when vehicle enters the rostrum over rules anything written in the catalogue. I cannot stress how important it is to listen to everything he says. This will be recorded and they will have a transcript of this.
When you pay for vehicle you will sign for your documents and what the vehicle is advised to come with.
So if the invoice states mot 2015 and you have signed for that???
It's only a cheap car and purchased it to clean up and make a small profit on. I'm not a trader, just fancied something to tinker with over Christmas.
Paid £750 for it... £862.00 including fees.
I'm not looking to demand full money back. Am quite happy to keep the car. Just looking to get the price adjusted to what it would have sold at with no M.O.T, which I think is around the £500 mark.
M.O.T booked for the 5th January, fingers crossed.
Paid £750 for it... £862.00 including fees.
I'm not looking to demand full money back. Am quite happy to keep the car. Just looking to get the price adjusted to what it would have sold at with no M.O.T, which I think is around the £500 mark.
M.O.T booked for the 5th January, fingers crossed.
Invoice just states SOLD AS SEEN, NO RETURN and further down "No complaints of any nature will be entertained on vehicles sold as seen".
Only gives brief vehicle details, nothing about M.O.T.
Windscreen paper states M.O.T til August 2015. Buyer to obtain duplicate certificate.
Also states the following "Details of the condition and facts regarding this vehicle are supplied by the Vendor and are not checked by the Auctioneers who accept no liability for their accuracy".
I guess that means I just need to take it on the chin?
Only gives brief vehicle details, nothing about M.O.T.
Windscreen paper states M.O.T til August 2015. Buyer to obtain duplicate certificate.
Also states the following "Details of the condition and facts regarding this vehicle are supplied by the Vendor and are not checked by the Auctioneers who accept no liability for their accuracy".
I guess that means I just need to take it on the chin?
You should have checked the details - which takes all of 30 seconds.
https://www.vehicleenquiry.service.gov.uk
https://www.vehicleenquiry.service.gov.uk
DuraAce said:
Put the car in for an MOT. If it passes then you've spent £50, no need for further stress. Keep car and be happy.
If it fails (depending how badly) then go back to the auction house to see what they will do.
Or is it a case of buyer remorse and you want a refund no matter what?
Who pays £50 for an MOT??If it fails (depending how badly) then go back to the auction house to see what they will do.
Or is it a case of buyer remorse and you want a refund no matter what?
mittens said:
It's only a cheap car and purchased it to clean up and make a small profit on. I'm not a trader, just fancied something to tinker with over Christmas.
Paid £750 for it... £862.00 including fees.
I'm not looking to demand full money back. Am quite happy to keep the car. Just looking to get the price adjusted to what it would have sold at with no M.O.T, which I think is around the £500 mark.
M.O.T booked for the 5th January, fingers crossed.
You will probably get some refund for the mot, but you will have to play the I'm a consumer I have been miss sold and you have miss informed me and so allowed me to drive an un motd car on the road and kick up a fuss.Paid £750 for it... £862.00 including fees.
I'm not looking to demand full money back. Am quite happy to keep the car. Just looking to get the price adjusted to what it would have sold at with no M.O.T, which I think is around the £500 mark.
M.O.T booked for the 5th January, fingers crossed.
However, you are acting in a business transaction, trying to make money, you are a trader in this scenario, and your consumer rights are none. I don't want to run you down because its good to try new things and buy from new mediums etc but you have to offer a quality product to your customer and putting a new mot on a car which will only have eight months mot is a pretty standard thing for traders to do. Do you want to be reselling a car which will not pass another mot?
A competent lawyer would tear their terms and conditions apart, what they have written is unlawful and misleading. And to me smacks of some small independent outfit who give the major players a bad name.
mittens said:
Invoice just states SOLD AS SEEN, NO RETURN and further down "No complaints of any nature will be entertained on vehicles sold as seen".
Only gives brief vehicle details, nothing about M.O.T.
Windscreen paper states M.O.T til August 2015. Buyer to obtain duplicate certificate.
Also states the following "Details of the condition and facts regarding this vehicle are supplied by the Vendor and are not checked by the Auctioneers who accept no liability for their accuracy".
I guess that means I just need to take it on the chin?
Yes. Absolutely. You bought it in a business-to-business sale, not a consumer sale, in full acknowledgement that the details you say you relied on were not necessarily accurate. Ten seconds would have checked the MOT on any smartphone. Only gives brief vehicle details, nothing about M.O.T.
Windscreen paper states M.O.T til August 2015. Buyer to obtain duplicate certificate.
Also states the following "Details of the condition and facts regarding this vehicle are supplied by the Vendor and are not checked by the Auctioneers who accept no liability for their accuracy".
I guess that means I just need to take it on the chin?
https://www.vehicleenquiry.service.gov.uk/
You say that you think it would only have sold for £500 with no MOT. That's guesswork, no more, no less. YOU might have only bid £500 with no MOT, but unless you can prove that the other person/people bidding were also similarly mistaken, you've not got a leg to stand on with that one. At most, the auctioneer owes you about 2/3 of the trade price of a ticket...
R1 Indy said:
DuraAce said:
Put the car in for an MOT. If it passes then you've spent £50, no need for further stress. Keep car and be happy.
If it fails (depending how badly) then go back to the auction house to see what they will do.
Or is it a case of buyer remorse and you want a refund no matter what?
Who pays £50 for an MOT??If it fails (depending how badly) then go back to the auction house to see what they will do.
Or is it a case of buyer remorse and you want a refund no matter what?
Terminator X said:
Buying a car to sell on doesn't make anyone a trader.
Of course it does; that is the very definition of a trader!!The practical considerations are simply,
a) Whether the eventual buyer is successfully duped into thinking it's a genuine private sale, and
b) Whether HMRC become aware of it and charge tax on any profit.
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