Legal Assistance for Car Purchase Problems

Questioner

I bought a car at auction, and it turned out to be technically defective. The auctioneer is hiding behind the terms and conditions (I should have done more research before buying). Is this nevertheless an unlawful act?

Questioner

No, there's no tort. As a buyer, you certainly have an obligation to inspect a used car offered at auction, and therefore without a warranty, to inspect it. Moreover, there are apparently general terms and conditions, which also weakens your position. However, the seller also has a duty to disclose. If the car is unsafe due to technical defects, the seller should have disclosed this, even if it's an auction house. But the mere fact that a car is technically defective isn't sufficient in such cases.

Questioner

You say: the car is not in good technical order. Then the question is: - what kind of defect is it; - how serious is the defect for being able to use the car; - what is stated in the auction conditions; - was there an opportunity for prior research; - could the defect have been identified in advance through investigation; - Was the seller aware of the defect? All these questions are relevant to answering your question, so it is important that you can provide some more information.

Questioner

Thank you for your answer, The amount was approximately 1050 euros, so not a lot, but still (stupid) and a shame.

Questioner

A shame, indeed. Not exactly worth pursuing legal action, unless you have legal expenses insurance or can find a lawyer willing to handle a case for you on a no-win-no-fee basis (lawyers are not permitted to handle a case on a no-win-no-fee basis).