Property bought at auction misdescribed

[jonah35]

I bought a property at auction.

The catalogue i had in my hand when bidding stated the property had central heating.

It turns out the property does not have central heating.

The auction houses terms and conditions state words to the effect of 'we are not responsible for our description and its up to the buyer to check things'

It doesnt really matter as i bought it for peanuts but just out of interest where do i stand?

Clearly terms and conditions cannot just rid an auction house of all responsibility otherwise i may enter a 1 bed terrace as a 4 bed detached with swimming pool and put a wrong picture in the advert of a mansion.

would i be within my rights to ask for a refund of my buyers premium or for them to compensate me in someway? Or is it a case of the advert can say what it wants and its tough luck?

[AdeTuono]

At a guess, I'd say the auction house are not responsible for their description and its up to the buyer to check things.

[longshot]

Very likely what Ade said.

Does it say anything in the catalogue about satisfying yourself as to the accuracy of the description or something to that effect?

[TooMany2cvs]

jonah35 said:

I bought a property at auction.

The catalogue i had in my hand when bidding stated the property had central heating.

It turns out the property does not have central heating.

Sorry - just so I'm clear on this. You bought a house you hadn't ever been into, even very briefly...?

jonah35 said:

The auction houses terms and conditions state words to the effect of 'we are not responsible for our description and its up to the buyer to check things'

...but just out of interest where do i stand?

I'd suggest standing inside a plumber's merchant, asking the guy at the counter about boilers.

[Petrus1983]

I believe that buying a property in auction ALL responsibility is on you to check things pre sale.

[talksthetorque]

If you bought it for peanuts, and it had central heating it'd probably be shagged - so you have one less thing to rip out or repair.
Like you say, might be worth trying to tap them up for the buyer's premium.
They'll probably say that if you're not happy with it, they'll re-auction it for free.

[jonah35]

Cheers buys. Yes, i buy at auction without viewing and ive not lost out to this day - including on this one

Ok, sounds like there is no comeback which is fair enough.

So, whats to stop me auctionning a house and calling it a 3 bed when its just 1 bed? Or, alternatively setting up an auction company and auctionning an old sierra and calling it a mint low miles sierra cosworth with a picture of a different car?

[jonah35]

AdeTuono said:

At a guess, I'd say the auction house are not responsible for their description and its up to the buyer to check things.

Thanks, i gather that sarcasm! . But, are you implying that you can put anything in terms and conditions and they always are lawful?

I know most things cant have unfair terms and conditions - for example you cant click 'agree to terms' on something and be held to it if its deemed unfair.

Im interested in a lawyers opinion if any are on here

[TooMany2cvs]

jonah35 said:

So, whats to stop me auctionning a house and calling it a 3 bed when its just 1 bed?

You do know the difference between deliberately attempting to defraud and a genuine error, right?

jonah35 said:

Or, alternatively setting up an auction company and auctionning an old sierra and calling it a mint low miles sierra cosworth with a picture of a different car?

So the catalogue actually had a photo of Buck House?

[jonah35]

TooMany2cvs said:

jonah35 said:

So, whats to stop me auctionning a house and calling it a 3 bed when its just 1 bed?

You do know the difference between deliberately attempting to defraud and a genuine error, right?

jonah35 said:

Or, alternatively setting up an auction company and auctionning an old sierra and calling it a mint low miles sierra cosworth with a picture of a different car?

So the catalogue actually had a photo of Buck House?

I know what youre saying but if as some people have stated on this thread regardless of anything it is 100% down to the buyer if it states that in the terms and conditions then it wouldnt matter whether the statement was entered by the auction house with the attempt to defraud or not.

[jonah35]

I should have checked my emails before posting this!

Apparently the auction house wrote the advert, the vendor acknowledged it was correct and signed it off and so the auction house and vendor have made a suggestion to me and im happy to agree with so this has come to a conclusion.

Good outcome for me

[TallPaul]

This seems pretty similar to the recent thread where someone bought a Porsche (944 IIRC)at auction, described as genuine miles then he found out the speedo had been changed. I don't remember how that was resolved but may be Jonah can expand a little on his result?

[Mr GrimNasty]

I'm sure what happened was that being a reputable outfit, they came to a fair arrangement, regardless of the fact they could have probably protracted a 3 year legal dispute and 'won' ultimately! That's what happens in the real world, people are usually sensible!

[jonah35]

TallPaul said:

This seems pretty similar to the recent thread where someone bought a Porsche (944 IIRC)at auction, described as genuine miles then he found out the speedo had been changed. I don't remember how that was resolved but may be Jonah can expand a little on his result?

Long and the short of it is that they wanted to compensate me by giving me some money

[jonah35]

Mr GrimNasty said:

I'm sure what happened was that being a reputable outfit, they came to a fair arrangement, regardless of the fact they could have probably protracted a 3 year legal dispute and 'won' ultimately! That's what happens in the real world, people are usually sensible!

Pretty much

[Roo]

Seasoned property buyer doesn't check what he's buying at auction, because he never does, and complains when it isn't as described and gets a kickback.

Don't get into the car trade.

[XCP]

Or Antiques!

[TooMany2cvs]

jonah35 said:

I should have checked my emails before posting this!

Apparently the auction house wrote the advert, the vendor acknowledged it was correct and signed it off and so the auction house and vendor have made a suggestion to me and im happy to agree with so this has come to a conclusion.

Good outcome for me

And at half seven on a Sunday evening, too. You really can't beat that for service...

[nickydee]

Roo said:

Seasoned property buyer doesn't check what he's buying at auction, because he never does, and complains when it isn't as described and gets a kickback.

Don't get into the car trade.

Not only that readily admits that he is happy with the price paid without or without CH, but still tries it on to get discount and when he succeeds tell everybody on her. Can only hope I or other decent people don't have dealings with the OP in future.

[mikeyr]

Putting aside some of the oddly aggressive responses on here... is buying unseen a regular thing at auctions?

And glad it worked out for you OP.