Who's In The Right?

[Anna B]

Buying at Auction usually means 'Buyer Beware' ie the onus is on him to check it out before he buys, or make sure there's a 24 hour warranty or some such after the auction, which some firms do.

 

It's usually reflected in the price paid which is below market value. However these days, with public to public feedback in the form of online reviews etc, it might give some leverage to the buyer to strike some sort of deal with the seller, but that's only a slight possibility, I wouldn't hold my breath..   

[El Cid]

12 hours ago, The_DADDY said:

He then contacted the company who bought the car to cancel the payment. 

 

 

Stopping a cheque can hold you liable for payment under the Bills of Exchange Act 1882, as your signature on it confirms your intention to honour it.

I dont see why stopping any form of bank transfer would be different.

[spilldig]

13 hours ago, The_DADDY said:

Scenario. 

A person sells a car in an online auction. 

The company who won the auction sends their agent to evaluate the car and make sure it's in the condition the seller stated.

It was.

The agent was happy, took the paperwork including the V5 and authorized the release of the money to the seller.

He then drove off.

About 90 minutes later the agent contacted the seller to say he had broken down. 

He then contacted the company who bought the car to cancel the payment. 

The car is now in a compound as the seller refused to accept it back as it's no longer their car.

We're they right to do this? 

Is the seller entitled to the money?

 

Your thoughts?

Your thoughts?

[carosio]

What are the details of the breakdown? Did the company ask for a test drive? Was the company one which is in the motor trade? If so then they should be knowlegeable on testing all aspects of the cars condition, and if they miss anything that they shouldn't have then on their head be it.

Edited October 28, 2023 by carosio
typo

[Pyrotequila]

14 hours ago, The_DADDY said:

Scenario. 

A person sells a car in an online auction. 

The company who won the auction sends their agent to evaluate the car and make sure it's in the condition the seller stated.

It was.

The agent was happy, took the paperwork including the V5 and authorized the release of the money to the seller.

He then drove off.

About 90 minutes later the agent contacted the seller to say he had broken down. 

He then contacted the company who bought the car to cancel the payment. 

The car is now in a compound as the seller refused to accept it back as it's no longer their car.

We're they right to do this? 

Is the seller entitled to the money?

 

Your thoughts?

The bold, to me it's now the property and responsibility of the buyers, they signed off to say they were happy with it, end of the matter.

If the buyers tried to pull what they did here they'd get one email to explain this, then no other communicaton as they may try and claim the seller is trying to take responsibility for the issue.

 

[The_DADDY]

5 hours ago, El Cid said:

 

Stopping a cheque can hold you liable for payment under the Bills of Exchange Act 1882, as your signature on it confirms your intention to honour it.

I dont see why stopping any form of bank transfer would be different.

Fingers crossed you're right there.

Apparently CAB are confident the money is owed to the seller so I guess we'll see in time 👍

4 hours ago, carosio said:

What are the details of the breakdown? Did the company ask for a test drive? Was the company one which is in the motor trade? If so then they should be knowlegeable on testing all aspects of the cars condition, and if they miss anything that they shouldn't have then on their head be it.

The company who bought it is in the motor trade.

The agent didn't test drive the car but instead had the engine running whilst he completed his inspection. He then drove off. I don't know the exact details of the breakdown as the agent has so far given 3 differing accounts 🙄

3 hours ago, Pyrotequila said:

The bold, to me it's now the property and responsibility of the buyers, they signed off to say they were happy with it, end of the matter.

If the buyers tried to pull what they did here they'd get one email to explain this, then no other communicaton as they may try and claim the seller is trying to take responsibility for the issue.

 

My bold.

Same here 👍