What options do I have here - caravan purchase?
Discussion
I bought a caravan approx. 1 month ago and it turns out I've been royally done over.
Despite the seller saying (and repeatedly confirming - I have it in writing) that it was in great condition, everything works and so on: I've just had it serviced before going away and the service report does not make for good reading.
Basically the thing is rotten underneath and behind the fixtures and fittings on the sides. The service guy just had to tug at the toilet after using his damp meter and the whole thing came away from the walls. In summary, he's said it's in such bad condition behind the scenes that he wouldn't use it and pretty much said it's scrap.
As far as I'm aware it was a private sale - albeit from his works premises. Cost involved is £4.5k. I've messaged the guy (he didn't answer phone) being amicable and stating the facts as well as sending a copy of the engineer report however I've not heard anything back as yet. Whilst giving him some time to reply I'm trying to asses what options (if any) might be open to resolve this.
I suspect there's a very expensive lesson on the way here but given this was my family holiday for the foreseeable I need to explore all avenues to recover some money as this will be an extra s
tty way to round off a really stty 18 months.
Grateful for any advice on what to do next as feeling like quite a fool right now...
Despite the seller saying (and repeatedly confirming - I have it in writing) that it was in great condition, everything works and so on: I've just had it serviced before going away and the service report does not make for good reading.
Basically the thing is rotten underneath and behind the fixtures and fittings on the sides. The service guy just had to tug at the toilet after using his damp meter and the whole thing came away from the walls. In summary, he's said it's in such bad condition behind the scenes that he wouldn't use it and pretty much said it's scrap.
As far as I'm aware it was a private sale - albeit from his works premises. Cost involved is £4.5k. I've messaged the guy (he didn't answer phone) being amicable and stating the facts as well as sending a copy of the engineer report however I've not heard anything back as yet. Whilst giving him some time to reply I'm trying to asses what options (if any) might be open to resolve this.
I suspect there's a very expensive lesson on the way here but given this was my family holiday for the foreseeable I need to explore all avenues to recover some money as this will be an extra s
tty way to round off a really stty 18 months.Grateful for any advice on what to do next as feeling like quite a fool right now...
I feel ‘Caveat emptor’ will be the case here.
Great condition won’t mean much unless the seller is a trader or regarded as competent to make such a statement. He simply may not know that it’s crap underneath especially if everything works and it’s all shiny on the outside. He’ll insist he’s not an expert and as a private sale the onus is on you to see if it’s of satisfactory condition.
What checks did you make prior? Did you spend a few quid on a damp meter and check for yourself? Did you look at previous habitation checks and paperwork? Did you get someone who knows about caravans to give it the once over?
Great condition won’t mean much unless the seller is a trader or regarded as competent to make such a statement. He simply may not know that it’s crap underneath especially if everything works and it’s all shiny on the outside. He’ll insist he’s not an expert and as a private sale the onus is on you to see if it’s of satisfactory condition.
What checks did you make prior? Did you spend a few quid on a damp meter and check for yourself? Did you look at previous habitation checks and paperwork? Did you get someone who knows about caravans to give it the once over?
Just clarify that you did buy it off an individual, who had actually owned and used it for a period of time and that you did the deal at his work premises, which is somewhere other than a place that trades in caravans. At least we can be sure that it was a private transaction not a business one.
Unlikely to be any recourse unless you can prove he made a specific statement that was incorrect and that you would not have went through with the purchase if it had been correct. This would have to be more than a general "it is in great condition" - one man's concourse is another man's shed.
From Which
“Did you buy it from a private seller?
When you buy from an individual (as opposed to a retailer), the Consumer Rights Act says that the goods you get must be as they were described to you by the seller.
There's no obligation on the seller to disclose any faults, but misrepresenting goods isn't allowed.
For example, something second-hand should not be described as new. If it is, the seller will be in breach of contract.
But putting things right can be tricky. If you can’t reach an agreement between yourselves you’ll have to try alternative dispute resolution or the small claims court.”
“Did you buy it from a private seller?
When you buy from an individual (as opposed to a retailer), the Consumer Rights Act says that the goods you get must be as they were described to you by the seller.
There's no obligation on the seller to disclose any faults, but misrepresenting goods isn't allowed.
For example, something second-hand should not be described as new. If it is, the seller will be in breach of contract.
But putting things right can be tricky. If you can’t reach an agreement between yourselves you’ll have to try alternative dispute resolution or the small claims court.”
To be fair the seller may have no idea about it’s condition. He might be a total numpty when it comes to things like that - I’d wager most don’t know either if truth be told.
Also when you have YouTube series Vicegripgarage etc where they turn up having bought it and drive a vehicle from the grave it gives too much confidence to the private individual.
Also when you have YouTube series Vicegripgarage etc where they turn up having bought it and drive a vehicle from the grave it gives too much confidence to the private individual.
Thanks all. Pretty much as I suspected that the onus is on me and there's not much I can do about it. bks! Well there's summer ruined!
Unfortunately it seems like I have very little to go on other than hoping the bloke can be reasonable.
It wasn't advertised through his business (and that's not his line of work - albeit he's a motor engineer) so going via his business it likely to be a non-starter.
ks! Well there's summer ruined!Unfortunately it seems like I have very little to go on other than hoping the bloke can be reasonable.
It wasn't advertised through his business (and that's not his line of work - albeit he's a motor engineer) so going via his business it likely to be a non-starter.
Cascade360 said:
Unlikely to be any recourse unless you can prove he made a specific statement that was incorrect and that you would not have went through with the purchase if it had been correct. This would have to be more than a general "it is in great condition" - one man's concourse is another man's shed.
True - although one man's shed you'd at least expect to be usable?Cascade360 said:
Notshortnottall said:
True - although one man's shed you'd at least expect to be usable?
Next time would suggest having it inspected before you hand over the readies, not after ... (I've been bit the same before as well - live and learn)
He probably had no idea. I p/xed what I thought was a perfectly good caravan for a bigger one and on collection day the dealer went through it with some very basic tests and proved it had damp and was therefore leaking in three places. All looked good to me, but I ended up with about £1500 less for my old 'van.
That said, unless your new purchase is actually unsafe, can you not just use it as is?
That said, unless your new purchase is actually unsafe, can you not just use it as is?
Do you know when it was last serviced and by whom? Approved service centres normally attach a sticker showing the year serviced to the side of the drawbar cover.
If it was serviced by an approved service centre they would do a damp test the same as your man has done and made the seller aware of the condition.
If it was serviced by an approved service centre they would do a damp test the same as your man has done and made the seller aware of the condition.
Welshbeef said:
To be fair the seller may have no idea about it’s condition. He might be a total numpty when it comes to things like that - I’d wager most don’t know either if truth be told.
Also when you have YouTube series Vicegripgarage etc where they turn up having bought it and drive a vehicle from the grave it gives too much confidence to the private individual.
As someone who has been through a small claim as the seller, I was told by my solicitor that making statements about the condition of something, even from a position of ignorance and inexperience, could potentially be used against me.Also when you have YouTube series Vicegripgarage etc where they turn up having bought it and drive a vehicle from the grave it gives too much confidence to the private individual.
In my case I was enthusiastic about selling my car, told the buyer that if “wouldn’t need anything doing to it for months” (I meant scheduled maintenance), but in his claim he tried to suggest that I was essentially guaranteeing that it wouldn’t go wrong.
The short version - making statements about the condition of something, even if you’re not a mechanic etc, could potentially be used against you. Saying something is in “great condition” could be tested in court, particularly if it’s patently obvious - as it seems in this case - that this statement is false.
OP - if you don’t get anywhere with messages and calls, you have the option to take him to small claims court. You would issue a “letter before action” detailing what you’re planning to do and how you would like it resolved, etc, and if there’s no response then instigate a “money claim online”.
“Caveat emptor” is not a panacea for ripping people off in private sales. It does make it harder to successfully claim, as the burden on traders is different, but it’s not impossible.
Edited by Durzel on Thursday 5th August 20:04
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