sold as seen - urgent advise needed

pulliptears

Lip_Stick wrote: »

You're supposed to point out any problems though, even if it's a private sale.

Doubtful, the onus is on the buyer to ask!

How old is the van?

mirry

she claims she didnt know cos her husband passed away last year ,,,
just dont know whats true to be honest .

My father in law has just said he doesnt mind stripping all the wood at the front of the caravan and rebuilding it inside , so maybe all is not lost .

The man is supposed to be coming in the morning with half the money and says he is going to write a letter saying he ows us the other half.
would that letter stand up well in court if needed or not ?

the van is 11 year old.

Lip_Stick

pulliptears wrote: »

Doubtful, the onus is on the buyer to ask!

How old is the van?

I'd still say.. that if the person selling it put 'caravan for sale' and not, 'pile of junk that needs scrapping' in the advert, that it was mis-sold.

pulliptears

A damp caravan isn't necessarily a pile of rot, they can often be fixed. However, when buying a caravan the very first question you ask is "Does it have any damp?" If possible you take along a damp meter and test it.

In this case, an 11 year old van, I'd have been more surprised if it didn't have any damp.

mirry

The big problem is rot , we were told it has no problems at all .
My inlaws caravan is from the 70s and has no damp , a 11 year old one shouldnt be riddled with damp and rot if its been cared for.

pitkin2020

Widelats wrote: »

She wasn't upset taking your money knowing what she was giving you.

your making an assumption the seller was fully aware, when A) you dont know the full facts and you dont know the sellers situation.

To say that because wallpaper was on the walls to cover the damp is ridiculous, 90% of caravans out there have wallpaper on the walls...........

ABH_3

Some of the advice on here occasionally has me rolling my eyes and wondering: really, do they make this stuff up as they go along.

Private sales, the seller can't 'misrepresent the item they're selling'. What this means in practice is that they should bring to your attention anything that will effect the general working or security of the vehicle in this case you're purchasing. All you really need to do is file a Small Claims Action assuming you didn't pay more than 5k for the van.

Point out the details of the sale ie: it wasn't of merchantable quality, fit for purpose etc also inform them Where it was advertised, how much was asked, your conversation topics when you arrived, anything that maybe relevant ie: you told the seller you intended to visit Tuscany in your caravan for instance, just as soon as you had found your dog and filled up on water or whatever.

In short the judge will have a clear understanding of the 'intent' of the parties concerned, ie: the seller wanting rid of the vehicle and possibly not mentioning the faults based on a balance of probabilities equals - whatever he decides.

All of this would be relevant as it shows a clear indication to use the Caravan as a Caravan, not as something for static storage etc. The judge would then have a clear understanding of the particulars of the claim and of the sale prossess. As a consequence, the judge might point out for instance that a caravan that's unsafe for use, or structurally unsound may be unsafe for long journeys, unsafe for storing valuable belongings on a camp site etc and therefore side with you.

Chances are high that you'll get your money back, afterall the people that have sold the item to you are still around, it's not as though they've dissapeared with the money, so all of this 'sold as seen' rubbish wasn't worth the ink. You can't claim someting is in good workable condition when it's clearly a danger to life for instance. Get your money back, then relinquish ownership of the caravan and get on with your life.

Alternatively, call the sellers ask them if they would be willing to pay the repair bill if you like the caravan out of their payment. That way you all get what you want, them rid of the caravan you a repaired caravan brought upto standard. If they don't agree, you could get the work carried out and then even claim damages for the difference.

HTH

pendulum

ABH wrote: »

Some of the advice on here occasionally has me rolling my eyes and wondering: really, do they make this stuff up as they go along.

That's the exact feeling I got reading your post.
Absolute load of tosh.

"Fitness for purpose", "of merchantable quality" - you're quoting from section S.14 of the Sales of Goods Act which only applies to businesses! :rolleyes: Get your facts right.

pinkshoes

Tozer wrote: »

If a private seller, you have no remedy. Caveat emptor - buyer beware - applies.

I'm guessing you did not read the recent caravan thread then...??

Someone sold caravan on ebay, with "sold as seen" receipt. Private sale.

Buyer claimed it had damp weeks later, took them to small claims court, and actually won!

OP, I would ask for your money back from the seller, as if they said it was in good condition, then they obviously lied, as rot doesn't appear over night.

You could always try the threat of small claims court if they won't play ball.

pendulum

Did you read the example above that I gave about eBay?
That can be different.

In this case the buyer inspected the caravan before purchase and bought it thus accepting its condition. Those who buy on eBay are much more reliant that the auction description is complete and accurate as they often buy before seeing it.