Consumer Law, Warranties Complicated vehicle purchase from an auction not as described

Agent86

New Member
Jurisdiction
West Virginia
Hi all, hard to keep this short because it's a tangled web of subjects related to a vehicle purchase.

The short outline is that the item was given by the consignor to the auction house, then auctioned online through a facilitator and listed by an auctioneer at this facilitator. WHEW a mouth full.

Per advise by legal, auction licensing department, and credit card company, I reached out to the merchant for a resolution and none could be resolved.
After some discussions with the auction company and further diagnosis of the vehicle it was determined that it cannot be fixed and needs a new engine so I requested a full refund.

Actions:
I filed a credit card dispute and their investigation found in my favor. (note the merchant agreed to the credit card finding per the credit card company)
I filed a formal complaint with the auction license authority (pending conclusion)
Planning for small claims, or claims suit of some kind to recover freight, and any other material damages.

It's not that I want to sue but mostly want to know what to do with the vehicle ?

The auction got it on consignement, paid the owner, and now I have the vehicle with open title and have not registered because of the condition and uncertainty about what to do with it.

No one has contacted me or returned calls since my request for refund. I'm told I can't send it back without return approval.
I don't want to repair it because it's not settled and liability could be in the shadows.

I don't want to pay for return shipping because carrier costs would be another $1500 and I don't have return approval anyhow. I can't just drop it off there I assume.

No one seems to be able to tell me if there is a specific law that addresses this or if it actually has to go to court so a judge can direct what everyone should do.

I'm confused about how it should work exactly and what to expect.
If I fix it and a judge says to return it and possibly not give me repair costs then I don't want to repair it for nothing.

If I sue and get my freight and material costs and return it thats ok too and they should pick it up too.

If they sue or I sue the conclusion sounds like it's never going to be over until a judge decides.

Any ideas on this ? Thanks

The question requires a jurisdiction, but the item was purchased online, the facilitator is NE, the auction is WV, and I'm in MD.
It's difficult to navigate. I don't really care how it end up necessarily I just want it to end someplace and know what to expect.

I don't want to buy another truck either until this is over because of potential liability hanging over. I could end up with 2 trucks for no reason.

Sorry for the long question, thanks.
 
Here is a disclaimer from a car auction in Phoenix.

ALL SALES ARE FINAL. ALL ITEMS ARE SOLD 'AS-IS WHERE-IS,' WITH ALL FAULTS AND WITHOUT WARRANTIES. Catalog, web, and advertising descriptions are NOT guaranteed. _________ is NOT liable for any errors, omissions, or inaccuracies in the catalog or other written or verbal descriptions even if caused by __________'s gross negligence. Bidders are responsible for thorough inspection of items before bidding and to satisfy themselves of such matters as to suitability, marketability, completeness, year, make, model, and/or condition. IF YOU ARE UNSURE AS TO ANY MATTER, ___________ URGES YOU NOT TO BID. YOU MAY NOT SOLELY RELY ON ___________'S DESCRIPTIONS OR INFORMATION, WRITTEN OR VERBAL.

If your auction company's disclaimer looks anything like that then you are stuck with a car you shouldn't have bought in the first place.

You bought it online without inspecting it. That's on you.
 
Back
Top