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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i bought from an auction site a motorbike.. i did not click

Customer Question

i bought from an auction site a motorbike.. i did not click on the last picture and can now see that the bike has damage , the value of my purchase is 5000 pounds.. the description of the auction does not state any damage.

i have not paid.. but they may suggest i pay a 130 pound penalty and a 30percent charge of the 5000.. what should i do
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Was this from a dealer or private seller please?

JACUSTOMER-ye207mug- :

no as i stated it was from an auction company

JACUSTOMER-ye207mug- :

??

Alex Watts :

Forgive me yes.

Alex Watts :

It said auction site, so it could have been Ebay.

Alex Watts :

What is in the terms regarding cancellation etc please?

JACUSTOMER-ye207mug- :

ah ok...

JACUSTOMER-ye207mug- :

there are no terms regarding cancellations

JACUSTOMER-ye207mug- :

the emphasis is on the fact that there is damage which was not stated in writing

Alex Watts :

But had you clicked on a picture then you would have seen it?

Alex Watts :

When did you notice it?

Alex Watts :

The damage that is

JACUSTOMER-ye207mug- :

the damage is in the last picture and you have to examine the picture closely.. it looks like light reflects but they are in fact scratches from some type of impact!

Alex Watts :

How did you come to notice the damage?

JACUSTOMER-ye207mug- :

well before you pay 5000 pounds i asked my secretary to inspect and she noticed... the other picture the bike is blind sided so the damamge is only eveident in 0ne of 9 pictures

Alex Watts :

OK - so bad you bid on it online?

JACUSTOMER-ye207mug- :

my bid was placed online yes

Alex Watts :

Ok - The Distance Selling Regulations do NOT apply as this is an action.

Alex Watts :

Therefore it is ONLY in accordance with their terms and conditions can you cancel.

Alex Watts :

Therefore if there is nothing in their terms about cancellation - it means you can not

JACUSTOMER-ye207mug- :

but they have mis advertised the goods

Alex Watts :

Some contracts you can not cancel and this would appear to be just that

Alex Watts :

If you are permitted to cancel it will be in the terms.

Alex Watts :

But they also have a duty to correctly advertise goods.

JACUSTOMER-ye207mug- :

if i bid for a bike and i win a damaged bike..i must be protected

Alex Watts :

Clearly the photo - it is a matter for you

Alex Watts :

But if they described it as good condition and it is damaged then it would be a breach of the Sale of Goods Act because goods must be as described and of suitable quality

Alex Watts :

Therefore if it is not they are in breach of contract.

Alex Watts :

Considering this, you therefore you should NOT have to pay anything.

Alex Watts :

If they insist then invite them to take you to Court and a Judge can decide. Call their bluff

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

You have rated POOR SERVICE but I have given you the legal answer - what else can I assist you with>?