Virtual Buyer - T.G.Webb
I've put my old car into a local auction (a large operation) and accepted the bid reached. That was 2 weeks ago. On contacting the auction they tell me that the buyer hasn't provided a cheque and the car still graces the auction yard. I called in today and when I enquired if the buyer had been asked for a deposit they told me that he was known to them and that no deposit had been paid. They have made several attempts to reach his mobile and said that if he hadn't shown up by the next auction, tomorrow they would wash the car and put it up for sale again. Obviously the car is out of tax and insurance and one is concerned about vandalism. If this person doesn't show up and the car can't be sold for his bid or if it is damaged can I regard title to the car as having passed with the accepted bid and simply sue for the amount of the bid. Talk about time-wasters!
Re: Virtual Buyer - AFM
Aren't they obliged to hand the deposit over to you then? What do the terms & conditions say?

The buyer had a contract with you, not with the auction house. It is you who have suffered a loss when the buyer broke the contract.

Whether the deposit was actually paid is not relevant; if they chose to trust someone, and didn't enforce their own terms and conditions, then they will have to suffer the resulting losses. Possibly they've had the deposit and hope to keep it and fob you off.
Re: Virtual Buyer - T.G.Webb
For those riveted by this topic I can report that a cheque has today been lodged with the auction company and my cheque from them will surely (?) follow.
Re: Virtual Buyer - Andrew Hamilton
I think the attitude of the auction people was poor. The bidder was obviously a regular trader as no deposit was required. If they had delayed payment, they should have rung you up and apologised. Once they have accepted a bid they are morally responsible for getting payment. If they did this to me I would ensure they got the publicity they deserved. What auction was it?
 

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