Does the auction have the right to withdraw their offer?

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AdaaamE

Member
26 May 2020
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I’m located in Victoria and was interested in a car that was on auction. The car listing had no photos so I had called the number provided and requested photos and a description of the car seeing as it is in another state (NSW). The dude I spoke to (called me on his personal number) sent me photos and I was overall happy to go ahead with the auction.

This is when things start turning; the car goes up on the simulcast and then all of a sudden it says “off” and the auction then proceeds to move onto the next lot. I call back the dude (on his personal number) who sent me photos and asked him what happened.

He told me that since there wasn’t any photos of the car they’ve decided to pull it off, take photos and run it again next week. He then proceeded to tell me that the bottom line on the car is 38,000 and if I want it he’s happy to ask the owner. I asked him to see if he could negotiate (due to some cosmetic damages) and he said he would try.

A couple of minutes later he calls back and tells me the good news; that he managed to get it for 37,000 (with the owners approval) and asked if I wanted it. I happily agreed and he asked for my bidding number which I provided. He congratulated me and told me that he’d send through the invoice. I was extremely happy.

5 minutes later I get a call back from the same number, the same person who made me the sale, said that for some legal reasons he can’t sell it to me (something about it not going through the auction first and business outside of the auction) and that he’s sorry and it will be back up next week. I said okay and hung up.

If I’m not mistaken, legally, I was made an offer to which I accepted and consequently intended to create legal relations. From my understanding once an offer has been accepted it can’t be revoked and legally the car’s sale was made to me at 37,000 which I had accepted.

Please inform me what my rights are and if I have any what would be my method of going about things.