Hybrid auctions and right of withdrawal - Legal advice

Questioner

I read that a bankruptcy auction where you cannot physically attend is the same as an online auction and the right of withdrawal applies. However, if there has been a viewing moment (2.5 hours) for the lots, is this still an online auction and does the right of withdrawal apply? Thank you in advance for your response.

Lawyer

This is possible. If the general terms and conditions state that despite a viewing moment there is still an online auction, then this is quite clear. It must then be known and clear in advance that online bidding can only be done after the viewing moment. If there is both an online auction and physical viewing, then this falls under the public auction where the right of withdrawal does not apply.

Questioner

The onlineveilingmeester.nl states in the terms and conditions that it is a partially public and online auction and that therefore the Distance Selling Act does not apply to them. You could have registered in advance to be present at the office during the online auction that evening. However, the lots were in the bankrupt store in Zaandam. You also had to register at least 3 days in advance if you wanted to use this opportunity. Is it true that you do not have a right of withdrawal in this situation?

Lawyer

That is correct. In a so-called hybrid auction, i.e. partly public and partly online, the right of withdrawal does not apply.