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

[Agent86]

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.

 

[Zigner]

Review your purchase agreement with the auction house.

 

[adjusterjack]

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.

 

[Agent86]

No it's not really like this. It's a live auction. Sort of more like an estate but just large construction equipment and trucks. The facilitator rules specifically says that the auction seller that sells on their platform must sell in good working condition unless otherwise stated.

Thanks all.

The auction house did not do that and totally violated the facilitators rules.

However, they can't use "as is" as a scape goat for misleading or knowingly selling an items as runs and drives knowing that it's leaking, smoking or blown up.

If they were doing a live drive through I would have seen this like most of the other auctions as the facilitator. However, they didn't do a live drive through for this auction company and it was pictures and description only.

THEN to add insult AND because it didn't run and drive, they had to use their personel and heavy equipment to push it onto a carriers trailer.

They changed the angle off approach on the trailer by pushing down in the back end and caused the exhaust to get ripped off of the truck damaging the truck and possibly could have been part of the cause of the cracked block. Dismantling the head of the engine is the only way to further confirm this cracking of the head.

So they mislead, and caused damage to the truck. I have before pictures of the sold item showing the exhaust all entacted, then after loaded on the haulers trailer it's hanging and ripped off and dragging on the trailer etc.

Sort of 2 tier problem of "not as advertised and the dealer caused damage to the truck before it was even loaded on the trailer.

They literally told me on the phone they frequently omit the fact that it doesn't start and needs to be jumped with a jump box etc. So further omissions and admissions by the auction house.

In anycase I got my credit card refund and all sales are not final if they lied. They knew it didn't run and they had to jump box it without ever saying anything.

If they sold it "as is" and unknown then I wouldn't have bid on it. However, they inflated the value by lying and saying it runs and drives without telling the full story that it doesn't start on it's own and needs a jump, smokes like it's on fire, and leaks all the fluid out.

I have no doubt that "as is" means they don't warrant the item not a protection against fraud.

I just don't know what to do with the truck.
They also didn't dispute the credit card dispute and literally agreed to the credit cards findings.
Likely their processor would have an effect on them if they get too many chargebacks etc.

However, all these details that will play out don't really answer what specific law actually addresses this and if there is any such law or if this is just up to a judge and totally subjective.

Not to mention if sales are final then I would suspect consignment is final too so they lose their sale and the truck doesn't even technically belong to them to begin with. It's consigned to sell by the actual seller who was paid by the auction house.

It's really messy all around. It doesn't sound like there is a specifically defined law regarding this except that consumer protection that regulate credit cards require a process to take place and complete.

This part happened already.
However, now the truck is in limbo and I don't expect a free truck but it looks like it's headed that way unless I file suit or they file to recover what they think they lost.

How much do they want to spend to legal up for a 12k truck that has a blown motor now confirmed.
That will cost about 15k to have a used engine swapped out to make it run.

Then I doubt I have to pay to have it shipped back, they would likely have to pick the property, but......they don't even technically own the property and I would give them the title back if they would agree to take it back.

So it's sort of all in limbo without direct laws that can point the direction or a judge I'm guessing.
I really don't know.

 

[Agent86]

Here is a disclaimer from a car auction in Phoenix.



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.

Yes, but if the auctioneer sells locally I understand these types of auctions where you visit, inspect and purchase. This is different then online sales to the whole world.

Then to add confusion the auction facilitator has rules for the auction listers.

They are suppose to specifically as stated in their sellers rules to sell in good working condition unless otherwise stated.

This is a pretty big rule to break especially when they knew it didn't start on it's own, they admitted it needed a jump box to start and they frequently do this without stating this in the listing.

The inflated the value by omitting this then stating it runs and drives as if everything was ok.
No mention of smoke, leaking fluid etc.
Missing parts this is obviouslly in violation of the facilitators rules but perhaps no illegal unless false advertising across state lines would be illegal etc.

They didn't really have any agreement other then to say we sell as-is but yet they didn't actually sell as is.

I received something other then as is as described too. And they literally damaged the item when pushing it onto the trailer because it didn't run and drive and the pushed it with heavy equipment onto the carriers trailer.

It's a messy issue all around but I got my perminent credit back to the credit card per the consumer protections requirement for credit card companies etc.

However, what about the truck ? Leave it sit forever ? File a suit for any losses or damages or extra shipping charges ?

I mean I assume I can't just send it back without a return authorization of some sort otherwise they might file for me abandoning on their property etc.

I'm lost about this conclusion other then going to court about it so they judge could decide. I just wish I knew which specific law addresses this. Even consumer protections sites say a lot but don't really specify which particular law or code talks about it. They try to give you the web version of what it is, what it should be, what you should do etc.

Thanks all.