Pulling out of online only car auction, knowledge needed pls

[Mavster]

Hi everyone ys,

Can anyone pls confirm if I am able to pull out of a car 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

 

[mmm-five]

Was the auction open to the public, or for the trade only?

What do the new 'online only' terms state about your rights to cancel on finding material differences to the description?

Would the exaggeration have been picked up during a normal auction inspection, or would this have only been picked up with further, post-sale investigation?

 

[Z4M-2006]

If the vehicle or information provided isnt as described you can pull out.

Apart form that,you really shouldnt.

But,what are they gonna do ? Or do they already have your money ?

 

[Mavster]

I haven't read any special terms due to online only. They can't get around our consumer rights regardless of what they publish any how as far as I understand

The auction is open to consumers and trade.

The issue was 5 years missing servicing on a 17 year old car. It was only driven 5k miles in those 5 years however, the car normally needs servicing every year

 

[Mavster]

..I'm just asking about what used to be along the lines of the distance selling rprotection if the car has not been viewed in person then there is an option to cancel for any reason.

Am I wrong ?

They have only my credit card info but want paying by bank transfer only


Thanks guys

 

[Tinker15]

This may or may not help https://www.thecarexpert.co.uk/bought-a-car-and-changed-my-mind/

 

[Mavster]

Thanks for that. It seems to back up what I am saying I guess. I have read a few articles like this, was just hoping one of us had experience or was in the know.

 

[Z4M-2006]

Above all it depends on Auction T&C's and description of vehicle.

If they said it had FSH,and it obviously hasnt then you have no obligation to proceed.