sold a caravan and seller wants some money back?

DoaM

WhyNot? wrote: »

Are you a retailer of caravans?

If not, the buyer has no Consumer Rights as it's a private sale. Caveat Emptor!
(they may still have some legal rights though, but don't worry about them unless you receive some legal papers attempting to assert them)

Not true ... it's just that they don't have all the same rights afforded to a consumer buying from a business. Caveat Emptor is still the guiding principle though.

Hintza

Those of us who have been on here a while remember the last caravan saga and that didn't last well for the seller.

Good luck OP, you might need it.

BarryBlue

Silver-Surfer wrote: »

Sold as seen, they were happy with it at the time. No need to have any further contact with them.

You, and several others, seem to think that 'sold as seen' discharges all liability in the sale of an item. I'm afraid it just is not true. There are less rights for a buyer in a private sale but there are still some, notably that the goods must comply with description.

The term 'sold as seen' has little meaning in civil law. It has been held to mean that the one you bought is the one you saw and nothing else. Go to court and the term will be disregarded. It is actually a criminal offence for a trader to put this on paperwork as it seeks to restrict the buyer's rights.

It is a common fallacy among the 'barrack room legal profession' that private sellers are fireproof, especially if they write 'sold as seen' on a scruffy bit of paper. It has proved an expensive mistake for many in the past

wealdroam

BarryBlue wrote: »

You, and several others, seem to think that 'sold as seen' discharges all liability in the sale of an item. I'm afraid it just is not true. There are less rights for a buyer in a private sale but there are still some, notably that the goods must comply with description.

The term 'sold as seen' has little meaning in civil law. It has been held to mean that the one you bought is the one you saw and nothing else. Go to court and the term will be disregarded. It is actually a criminal offence for a trader to put this on paperwork as it seeks to restrict the buyer's rights.

It is a common fallacy among the 'barrack room legal profession' that private sellers are fireproof, especially if they write 'sold as seen' on a scruffy bit of paper. It has proved an expensive mistake for many in the past

All good stuff Barry.

Apart from ignoring other people's suggestions, what is your advice to the seller?

arcon5

This was all stuff told to the nice lady that sold a car as having a fault which then come to bite her in the backside when the buyer was awarded a sum towards repairs

Now where's that link...

BarryBlue

wealdroam wrote: »

All good stuff Barry.

Apart from ignoring other people's suggestions, what is your advice to the seller?

The problem is that we don't have enough of the facts to actually give specific advice, especially as we only know his side of the story. That is invariably the case on an internet forum but there are always people who will give specific advice based on nothing at all. Ignoring such suggestions is certainly good advice!

My advice would be, firstly, not to try and pull a fast one with this 'sold as seen' nonsense. It means nothing and makes him look dodgy. In a wider sense, if you are selling such items privately then get clued up on the law. Don't just assume there is no comeback in such transactions.

On the specific case raised, the best plan would be to get an expert opinion on the matter. This is what Trading Standards would advise in these circumstances. A knowledgeable third party may be able to resolve the issue amicably.