Ranty Friday 22 May

[GreenGiant 287]

Not actually going to rant this week, just putting something out there for discussion that has been simmering for a while and has potential rantage value.

So.

British Car Auctions owns webuyanycardotcom

Manheim are largely involved in wewantanycardotcom

Both BCA and Manheim sell cars to both Trade and Retail customers.

BCA and Manheim sell cars 'owned' by webuyanycardotcom and wewantanycardotcom

So, therefore, are they not selling their own stock to both Trade and Retail customers (albeit hidden under the umbrella of an auction)?

Question: If this is the case, should they be liable, as we are, to comply with all of the relevant legislation relating to these 'retail' sales? I'm specifically thinking of Sale of Goods Act (or whatever it is called this week), provision of Warranties, Advertising Standards, goods being 'as described', fit for purpose, comebacks post-sale, Treating Customers Fairly, FCA if applicable and anything else that hides behind a tree waiting to trip us up and cost us a fortune. None of this seems to apply to them, so why not? They do exactly what we do: buy a car trade, sell it retail, but are able to avoid all of the barriers we have to jump over. Doesn't seem fair.

Over to you...

 

 

[Daylight 28]

I think the reason for them being exempt from the SOGA etc is less to do with whose stock is being sold but more about the platform on which it is marketed. BCA & Manheim are trade to trade auctions and therefore the terms of the act don't apply. I'm sure you wouldn't want to give another dealer all of the rights of a retail buyer if you traded out a car to them at trade price. 

I'm not defending them and I can only imagine how much these "greedy boys" rile you when they sew up a corner of the market and create themselves millions of pounds of revenue but it's not unlawful as far as i can tell. Bouncing bids off the wall though, that definitely is! (another thread i'm sure)

[GreenGiant 287]

Selling a car trade to trade is one thing. And the boundaries are clear.

But selling trade to retail is, surely, another?

[Daylight 28]

I agree but it would be near impossible to know if the person bidding on each lot is a trade or retail buyer until the hammer has gone down & account details taken. These auctions are certainly 'trade-centered' if not almost entirely trade buyers, it could be argued that any of these poor old retail punters that find themselves pulled into the trade foray for a cheap car run the same gauntlet we do and may get themselves a neat bargain or may buy a heap of trouble.

[GreenGiant 287]

I agree but it would be near impossible to know if the person bidding on each lot is a trade or retail buyer until the hammer has gone down & account details taken.

​Not if all buyers had to register first. As you do at a 'closed' sale.

And the fact that there are 'closed' sales prove that the auction houses are actively and knowingly selling to the public via all their other sales!