- Location
- North Yorkshire
Their claim is with the auctioneer, you will have both paid a commission to them for them to do their job, unless the auctioneer comes back at you then I’d stay out of it
Exactly , the buyer shouldn't be contacting you , it's the auctioneer that you paid the commission to deal with this stuff , it's not like you sold it off your eBay site it's their problem to sort !Should they be claiming off the auctioneer as we paid the auctioneer a comission to sell or off us?
it is fair for the auctioneer to pass on details as it can be the buyer has missed something or it can be sorted out in friendly fashion.Exactly , the buyer shouldn't be contacting you , it's the auctioneer that you paid the commission to deal with this stuff , it's not like you sold it off your eBay site it's their problem to sort !
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
Is it something with hidden parts (gearboxes etc) or something that he would have been able to see on the day if he had looked? Either way I think he would have no chance in all honesty.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
Was it declared in the catalogue or at the auction that you'd had it checked by the dealer and that it was in working order? Buyer may well have a claim if it was 'guaranteed' to be working??No we did have a local dealer check it over before the auction and they said it was left in working order
No there was no specific description of condition on the itemWas it declared in the catalogue or at the auction that you'd had it checked by the dealer and that it was in working order? Buyer may well have a claim if it was 'guaranteed' to be working??
I seem to remember Mr Grain telling one prospective buyer “ of course it is guaranteed, until it leaves the yard”When some machinery dealers off load a dog at Cambridge can the buyer demand a refund from the dealer after the hammer falls? Of course not. Is it a 300k combine with the engine knocking or a £300 yard scraper with a broken rubber?
How did this claim come about?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
Not my field, but.... Auctioneers can explicitly exclude some aspects of sale of goods legislation. If the description was not misleading and if the purchaser could inspect it before purchase and took part under the auctioneer's terms, unless you have deliberately concealed something for the purpose of sale at auction (particularly re safety), they have no cause of action with you.No we didn’t promise anything but they want to take us to court
Remember, you wrote that...What is it
But if all idiots were refunded then a lot of us would be a lot more wealthy
That is exactly my understandingNot my field, but.... Auctioneers can explicitly exclude some aspects of sale of goods legislation. If the description was not misleading and if the purchaser could inspect it before purchase and took part under the auctioneers terms, unless you have deliberately concealed something for the purpose of sale at auction (particularly re safety), they have no cause of action with you.
Remember, you wrote that...
It was an on farm dispersal sale so they knew who the sellers on the dayHow did this claim come about?
Did the buyer contact you direct having found out you were the vendor on the day?
Did it come through auctioneers?
I’d be very surprised to find auctioneers had given out your details