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To ask car auction/garage for my money back?

(50 Posts)
Etainagain Sun 06-Mar-16 17:31:24

Bought a car at auction a month ago. Auction house said it was a part-exchange. I googled the number plate the day before the auction and found it advertised with a garage which I found odd. So I called them pretending to be interested and they said it had now been sold. Recently got car checked over and garage said needs min 2,500 spend just to get through next MOT in May and poss considerably more (other faults needs investigating) and recommended getting rid of it.

Car was sold as seen. If I had bought the car from the garage directly, I would have been protected by the Sale of Goods Act. Would I still have any protection as the seller is, I presume, the garage (although it is not the registered owner)? I believe the garage sent it straight to auction after discovering the faults on closer inspection (they give RAC warranties with their cars, so would probably have been unable to offer one with this car). Just clutching at straws I suppose.

RubbleBubble00 Sun 06-Mar-16 17:36:11

is t that the whole point of why garages send part exchange car to auction - I because its sold as seen

hellhasnofurylikeahungrywoman Sun 06-Mar-16 17:38:02

As you said, auctions are 'sold as seen', you pays your money and takes your chance. You don't have a leg to stand on.

Coconutty Sun 06-Mar-16 17:41:48

Message withdrawn at poster's request.

Etainagain Sun 06-Mar-16 17:41:55

Yes, I think that is probably the case. I suppose I was hoping that as the garage must have known about the faults, and didn't declare any of these (some of which are potentially dangerous), that they might have some responsibility.

MoltoIncazzata Sun 06-Mar-16 17:45:39

You posted about this just the other day - confused - did you not get the answer you wanted?

arethereanyleftatall Sun 06-Mar-16 17:46:36

I don't think a garage would necessarily know the faults. They don't even look afaik. Just give you a price based on age etc and send straight to auction. I think they win some, lose some with auctions. Same as the buyer.

Etainagain Sun 06-Mar-16 17:53:31

I posted a different question about it the other day - I was confused by the one former keeper thing!

I just read something on a forum saying that you cannot restrict a consumer's statutory rights, but I didn't know whether this is correct. I always thought there was no protection for buyers at auction, but wanted to double check.

Lurkedforever1 Sun 06-Mar-16 17:54:19

Yabu. Buying a car at auction sold as seen is cheaper because you don't get all the security that goes with paying forecourt price. Hence why if you aren't either prepared to take the risk or experienced enough to spot faults you should be prepared to pay more for peace of mind and buy from the garage.

Etainagain Sun 06-Mar-16 17:56:05

I think the garage did know about the faults because they advertised the car on their website, although there was no photo. It was a second hand car dealer garage, not a main dealer. The problem is that I can't prove anything as I didn't screen shot the ad and it's no longer online.

AveEldon Sun 06-Mar-16 18:01:50

But you didn't buy it from the garage
You bought it from the auction house and it was sold as seen

Palomb Sun 06-Mar-16 18:04:15

You just have to chalk it up to experience and by a car from somewhere more reputable next time.

Palomb Sun 06-Mar-16 18:04:46

It's irrelevant whether the garage new or not.

Palomb Sun 06-Mar-16 18:05:46

Knew 😳

Etainagain Sun 06-Mar-16 18:07:30

I suppose I'm just interested in whether rights under the Sale of Goods Act can be excluded. Would that be an unfair term?

Bearbehind Sun 06-Mar-16 18:10:14

YABU.

the garage will have known how much work was needed, hence they sent it to the auction.

It's absolutely 'buyer beware' at auction.

Given this is the second attempt at getting out of this purchase, the first being the keeper/ owner issue, it's pretty clear you are trying to blame anyone else for youbuying a dud.

It's shit but you need to suck it up.

Etainagain Sun 06-Mar-16 18:10:34

I know you are all right - it's my fault entirely. I knew the risks. I suppose I'm just hoping that I could possibly argue that I still have statutory rights even though the T&Cs say these are excluded. The reason I'm asking whether I could get the money back from the garage is that they were the seller and the auction house was just the agent.

Etainagain Sun 06-Mar-16 18:12:03

Bear I know, you are absolutely right. I'm looking for a way out, although I do blame myself entirely.

Bearbehind Sun 06-Mar-16 18:19:35

That's why dealers use auctions- it's for the cars that cant be sold with the consumer protection you are talking about.

You've no chance of getting money back from them.

It sounds like your only options are to pay to get it roadworthy or try and sell it to a 'we buy any car' type outfit.

Lurkedforever1 Sun 06-Mar-16 18:26:48

When something is sold as seen at auction you do still have protection. But that is usually from deceitful/ misleading practice. So eg if they sold it with the info it was roadworthy, mot'd yesterday and full service history then it would be deceitful. Or if eg you could prove they had misled you, such as temporarily plugging a leak so when you examined it pre auction you wouldn't spot it. Or sticking a forecourt price reserve on and using accomplices to bid you up to that price. And even if they'd done all the above, you'd need to prove it.

The law doesn't protect you from making a bad choice because lack of knowledge means you don't know what you're seeing before it's sold though.

Etainagain Sun 06-Mar-16 20:13:46

That's interesting Lurked. The auctioneer did give it a glowing description when he was selling it, but the info on the screen just says service history and MOT, so we've no way of proving anything. Besides, I doubt the auctioneer knew about the faults.

It's the garage that I feel angry with. They sold a car through the auction house that has got faults that could have killed our family. The brakes are completely unsafe and would not pass an MOT and it's not just new brake pads needed. The problems are extensive and costly.

Bearbehind Sun 06-Mar-16 20:21:32

But no one advertised the brakes as being in good condition. The reason the garage sold it through the auction will have been the cost of repairs required made it prohibitive to fix and sell.

I can guarantee everything the auctioneer said will have been superficial and vague.

Seriously OP, it is well known that auction cars are a risk- you took that risk and it backfired- no one else is to blame.

Etainagain Sun 06-Mar-16 20:35:24

Yes, that's true Bear. It's just bad luck! I should just be grateful that we found out about the problems.

Bearbehind Sun 06-Mar-16 20:41:06

Garages get cars in as part exchanges all the time- if they could make money out of selling them they would.

The problem is many are in need of so much work to make them fit for sale, they get sent to auction.

I'd only ever consider an ex-fleet car from an auction- it might have been driven by an idiot but it's likely to only be a couple of years old with a full service history.

Anything else is too much of a risk unless you are able to repair it yourself/ know someone who can.

Etainagain Sun 06-Mar-16 20:53:49

Actually Bear that's what our garage said - fleet cars can be a good buy. Maybe ex-Motability would be good too. I bought another part-exchange at auction a few months ago and it's a great car, but I now realise that I was very fortunate. I won't risk it again!

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