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If you win an internet auction for a car but the car is not as described when you go to pick it up, are you within your rights to not pay?
If you win an auction for a car on an Internet Auction Site such as Ebay (from a private seller without seeing the car prior to bidding and winning) then go to collect and pay for the car in person and the car is not as described are you within your rights to walk away from the deal (not pay) just as if you had responded to a car advert in a newspaper/magazine? If this is the case can you point me in the direction of the piece of legislation that confirms this?
An auction is a legally binding contract. The seller offers to sell (with a description) and based on this you offer to buy. Once your offer to purchase has been accepted by the seller a contract is created.
However, the contract has terms based on the descriptions given. The seller is therefore in breach of contract entitling you to cancel the contract and keep your money.
There is no legislation on this issue. It is established contract law.
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