Dream car or Budget, which comes first? Tell us your thoughts | No thanks

Is 'sold as seen' legal at auction?

I bought a car from auction recently and found it had multiple faults, including a fuel pipe taped to the engine causing fuel to be sprayed onto the engine, a potentially dangerous situation. I have asked for a full refund, but the action house has refused and simply sent me their terms and conditions, which state the car was “sold as seen”.

My credit card company is taking up my case and I want advice as to whether it is worthwhile to take them to small claims court ? The hammer price was £1400 with fees £1725 total paid.

Asked on 2 June 2014 by TomWS

Answered by Honest John
No one is "hiding behind" any terms and conditions. These are the terms and conditions under which you bought a car at a primarily trade auction. It is not a matter of consumer law. You were not a consumer in this situation so consumer law does not apply. But if the car was misdescribed in any way by the auctioneer (his description is taped), then, and only then, you may have a case.
Similar questions
Is it illegal for an auction house to sell a clocked vehicle?
I recently bought an Aston Martin at auction on an absent bid as I was away. The car was sold to me as a running and driving prototype. I plan to show and demonstrate it at concours. The car is immobile....
I bought a van at auction with warranted miles. I've since sold it, but the owner has come back and said the van has been clocked. What are my options?
 

Ask Honest John

Value my car