- Location
- Shropshire
Sold something in an on farm dispersal sale and buyer having seen the item on the day is now claiming it’s not fit for purpose
Buyer wants refund after auction
- Thread starter Tatto
- Start date
betweenthelines
Member
- Location
- southwest
Depends what the Auctioneer's description, terms like "good working order" "in running order" and "sold as seen" have specific meanings.
A combine harvester for example, cannot be tried at a farm dispersal sale but if it's described as in good working order, you would expect it to be so.
A combine harvester for example, cannot be tried at a farm dispersal sale but if it's described as in good working order, you would expect it to be so.
The old saying your eyes your merchant your pocket is your guide springs to mind.
Last edited:
- Location
- Shropshire
Auction was described as high quality but no individual descriptions detailing condition
- Location
- Shropshire
Sorry includes high quality items but does not say all items
- Location
- Shropshire
Should they be claiming off the auctioneer as we paid the auctioneer a comission to sell or off us?
- Location
- SW Scotland
Presumably they paid the auctioneer for it. Then it's between them and the auctioneer.
If the auctioneer then comes back to you, that's a different argument. And I'd be inclined to tell them to do one.
A dispersal sale is generally sold as seen.
Did you give any guarantees or make any promises as to the serviceability of the item? If you did neither there is absolutely no come back on you or the auctioneer. The guy is absolutely chancing his arm and will know full well that legally he hasn’t got a leg to stand on.
- Location
- Shropshire
No we didn’t promise anything but they want to take us to court
Was it knackered ?
- Location
- Shropshire
No we did have a local dealer check it over before the auction and they said it was left in working order
Only you will know whether you are morally in the clear.
If you know you are, tell them you will see them.
- Location
- SW Scotland
I thought that auctions have "disclaimers" that you read, or understand and accept when bidding, if you buy then at the drop of the gavel, the "item" becomes, the sucessful bidders, "responsiblility", any "problems" should have been looked at before bidding? one caviet, could be, that the "lot" was "wrongly" discribed?
livestock 1
Member
So I’ve been told there is comeback for certain sales if the item was described as good condition now
I’ve always bought at auctions and added the risk factor in myself and thought it was just a chance you take
Worst buy was a tractor with a knackered gearbox but when I bought it I expected there to be something a miss so didn’t say anything about it
I’ve always bought at auctions and added the risk factor in myself and thought it was just a chance you take
Worst buy was a tractor with a knackered gearbox but when I bought it I expected there to be something a miss so didn’t say anything about it
- Location
- sw scotland
Did you actually use this machine as that would be far better than a dealer inspection.
Farm sale conditions mean sold as seen. Usually spelt out clearly at start of sale
- Location
- Shropshire
We hadn’t used the machine since it was checked over by the dealer. Surely everyone knows when you buy at auction its buyer beware. You never know if something is working but you pay what you feel you can risk
- Location
- East Yorkshire
If they paid the auctioneer I think they would have to go thru them. Unless there is some sort of small print
Exfarmer
Member
- Location
- Bury St Edmunds
a common complaint but is worthless unless you have deliberately concealed a known issue, in which case he would be entitled to all his costs back
He would need an engineers report to show why he believes he was deceived. this could not be a minor issue such as bearing wear, but something major which would be obvious to anyone who owned the machine before and could not be found by examining the item on the day.
He would need an engineers report to show why he believes he was deceived. this could not be a minor issue such as bearing wear, but something major which would be obvious to anyone who owned the machine before and could not be found by examining the item on the day.