[Solved] Car Auction Debacle - cars not what had been expected...
Last edited 11/03/2019 - 02:44 by 1 other user
Need some help here with a sticky situation with my uncle.
He attended a used car sales auction and ended up with being the winner of 2 second hand cars.
He is a 77 year old gentleman who has has mild-moderate cognitive impairment, very limited English (speaking) and understands even less written English (i.e. unable to read terms and conditions of contracts).
Essentially he attended this car company, multiple times prior to this auction to register, but had lost his registration multiple times as stated by the registration person. Despite this, they had still let him participate in the auction.
He had asked the salesperson about the cars, who he stated multiple things contradictory to what has been provided on the terms of the contract.
They said the Porsche was unregistered, but they would register the car if he was the winning purchaser. Following the proceedings, they stated he would need to do it himself. I have checked the car and it has not been registered since 2017, and has multiple issues (i.e. driver shaft; heater; door locks; battery needs replacement)
The Rolls Royce, they had told him that he would be the second owner and that it was an honorary consulate car prior. I had performed a REVS check and although it was honorary consulate car, he would not be the second owner but the fourth.
I have had a look at the car reports, there are multiple defects, which my uncle has limited English and poor vision, did not recognise and the car dealership did not explain this to him. They had sold the positive aspect towards him.
Essentially, he had attended the auction and was the winning bidder.
They had made him pay a deposit of 9,000 on the day, which he had used a credit card. There is a remaining some of $80,000 which is unfortunately not within his limits of spending as he is retired.
Unfortunately, there is no cooling off period and they expect us to pay the full amount, or will say that legal action will be taken against him. That is, he will need to pay the full amount, or they will re-auction the car and he will pay the difference of the losses.
I would like to see if there are anyone with feedback with the best approach of action, i.e. any lawyers or any arguable case for him?
Appreciate your time Ozbargainers.