Auto on Auction Misrepresented

[Clampet1]

What is the name of your state (only U.S. law)? CA.
Purchase a Car online through a auction house. It was listed as a V8 on the auction site and on the invoice. When I received the car it was not a V8, it was a 4 cylinder. The Auction house claims they are protected by the list Terms and Condition Statement post. Are they really protected or is this a product that was misrepresented and do I have a right for refund?

 

[justalayman]

I haven't read the terms so I cannot say if they are protected or not. Depending on the situation, they might be, or maybe not.

Is this a site that auctions items regularly? Do they possess the items?

How about a name of the auction site?

 

[Zigner]

Most auto auctions are "as-is/where-is"

Yes, the site would be helpful.

 

[sandyclaus]

What is the name of your state (only U.S. law)? CA.
Purchase a Car online through a auction house. It was listed as a V8 on the auction site and on the invoice. When I received the car it was not a V8, it was a 4 cylinder. The Auction house claims they are protected by the list Terms and Condition Statement post. Are they really protected or is this a product that was misrepresented and do I have a right for refund?

Its POSSIBLE that this could be considered a material misrepresentation and could void the sale. But as stated before, we would need to view the Terms and Conditions to see what responsibility YOU had to verify the purchased item was as it was represented before making the purchase transaction.

Did it suggest or require you to have the vehicle inspected (either on your own or by a qualified mechanic) prior to completion of the sale? If so, and you did not do so, then you may be out of luck (as a mechanic could have easily verified the engine size).

 

[I_Got_Banned]

I'd be curious to know what make/model was this vehicle that is a 4 Cyl and was misrepresented as a V8!!!

 

[justalayman]

Its POSSIBLE that this could be considered a material misrepresentation and could void the sale. But as stated before, we would need to view the Terms and Conditions to see what responsibility YOU had to verify the purchased item was as it was represented before making the purchase transaction.

Did it suggest or require you to have the vehicle inspected (either on your own or by a qualified mechanic) prior to completion of the sale? If so, and you did not do so, then you may be out of luck (as a mechanic could have easily verified the engine size).

very often, the online auction services (think: eBay) are not the entity representing the merchandise. They are merely a facilitator of the auction and as such, have no liability for misrepresentation unless it can be proven it was allowed to be posted with their knowledge it was an incorrect representation.

This obviously doesn't remove the sellers liabilities.

So, without knowing more facts, it isn't possible to determine if there is any action possible and if there is, who the OP would have a claim against.