Bought a car from an online auction company but it's not as described on the appraisal

As a trader I bought a car from BCA live online. The car arrived and is not as described on the appraisal sheet. BCA grade the cars from 1-5 and also include a brief description of damages, where they are located and how severe, however, this is not always conclusive but should give you a clear enough description to make a decision whether to buy online or not. BCA have inspected the car at my premises and conclude that the original grade given to the car (3) has not changed therefore they will not offer any refund or contribution to the repairs. do I have any rights on this issue? I have their live online terms and conditions if it helps you answer my question. Thanks in advance.

Asked on 29 May 2015 by louislou

Answered by Honest John
This was a trade sale so it's a matter of contract. You would have to prove in court that BCA breached its contract with you. In other words you would have to prove that it did not meet BCA's definition of a Grade 3 car, taking BCA's definition of a Grade 3 car and showing conclusively by photos or by independent signed expert witness statements that the car did not meet BCA's description. Unless we're talking £5,000 difference I don't think you can justify the small claims court costs, legal costs and expert witness expenses.
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