Vehicle purchase through insolvency auction
The following problem:
I purchased a Mercedes C32 T AMG vehicle from a large so-called insolvency auction at an auction house. The auction was a public auction conducted by a sworn and publicly appointed auctioneer.
The vehicle was advertised in the auctioneer's prospectus as:
"Fully equipped"
"260 kw"
...
After payment and collection of the vehicle, I noticed:
a) The vehicle is by no means "fully equipped" according to Mercedes' additional and special equipment list valid at the time of purchase. Essential equipment features are missing.
b) The engine does not deliver the specified power. It runs in a so-called "limp mode" due to a defect.
c) The automatic seat adjustment of the passenger seat is defective, it does not work. The power supply was manipulatively interrupted under the seat by pulling out a plug. After plugging the plug back in, the battery was completely drained in a few hours. The power supply had been interrupted to conceal this defect in the electric seat adjustment.
The auction house rejects any warranty, referring to their auction terms stating non-liability. They state that the auction was conducted on behalf of another and for another's account.
The client is a car dealer with whom the auction house claims to have already settled accounts. After contacting the previous owner, I learned that the vehicle did not come from an insolvency estate as stated in the auctioneer's prospectus, but was purchased by the car dealer from the previous owner.
Question:
Do I have any warranty claims or claims for rescission against the auction house or the car dealer?
