Help!

Camp03

 Im really hoping you guys can help!

So bought a small 2 berth this year (pre 2000) not perfect by any means but spent on a new refurb and replacing parts.. Had fun trips out in her when we were gifted another caravan which we jumped at as its bigger.
So we sold the van in a few days but stupidly wrote 'no damp' on the advert. On viewing the van the guy spent considerable time alone in it with his wife checking cupboards, underneath seats etc They seemed happy there was no sign nor smell of damp and all electrics, cooker etc were in full working order. 

7 days later they contacted us to say they had found damp and wanted a full refund. We were shocked but agreed to a full refund providing we received the van back in its original condition as we would gift it to extended family.

They wanted us to arrange to view the caravan with them as it was no longer in its original condition. This was due to a professional assessor taking up the new flooring and the wall covering off of the right hand wall back to the outside wood and took down the new blinds. They refuse to fix the van.

I'm finding this experience very stressful.

I can't seem to find our rights online but assuming we have a right for the van to be returned to us in its original (or near enough) condition before issuing a full refund? We have received a letter from them citing the Sale of Goods Act '79 and misrepresentation due to finding damp when the advert stated no damp and considering a small court claims against us.

Many thanks in advance
Camp03

RFW

It's beyond my area of knowledge but to my mind if you buy a 23 year old caravan in a private sale you should expect it to not be perfect irrespective of what the seller says.
I'm not certain the Sale of Goods Act is even relevant to this type of transaction.

If you have the before and after pictures, they'll be useful.

As it is a tricky area you'd be best getting independent advice, either the CAB or a solicitor.

Half the money refund seemed like a good offer and would no doubt be looked on favourably if it went to court..
Make sure you keep copies of all correspondence.

Camp03

Thankyou, we have it all documented. We still maintain we'll give them a full refund should the caravan be returned to us in a near enough original condition. 

NBLondon

RFW said:

I'm not certain the Sale of Goods Act is even relevant to this type of transaction.

Private Sale - so no.   They checked before buying.  A Bill of Sale saying "Sold as Seen" would have helped.

An ad on Gumtree is not a guarantee - OP meant "no damp that we know of".

Seems odd that the buyer got a "professional assessor" in when they suspected damp rather than querying the seller.

I agree a half-refund is a fair offer.

tsb

I'm sorry, I have had to log in to respond to give my opinion.

I don't think the buyer is entitled to any refund.  This was a private sale, and by their very nature it is buyer beware.  They bought the caravan as seen, that's it, end of. It sounds like they have had to dismantle the caravan to find the damp, so I think it is fair that you said there was no damp.  There was no apparent damp, you were correct but it is 23 year old after all.

If they are quoting the Sale of Goods Act '79, it doesn't apply to anything sold after 30th September 2015.  This is someone trying to scare you into giving some money back.  

Don't be pushed into refunds.  Write your own letter back quoting private sales and Consumer Rights (google the information). 

Wanderingpomm

It’s a private sale. Caveat empter. They had a full opportunity to inspect which they took. Do not give them a refund just ignore them. They have taken it apart which is above and beyond what is reasonable. Legally they would have a hard time proving their case. They would have to prove it was knowingly misrepresented which they will not be able to do. If they issue court papers then come back but it’s doubtful they will 

also, the sale of good act stated that the object had to be of satisfactory quality. It would be expected that a 40 year old caravan would have some damp. It’s also not relevant to private sales and has been superseded by the consumer rights act

the_lunatic_is_in_my_head

Unfortunately the above is incorrect, if the ad stated "no damp" and there was damp the goods do not match the description and the buyer is entitled to a refund. 

The Sale of Goods Act still applies but not to business to consumer contracts with parts applying to the OP's transaction, mainly that the goods should match the description. 

Important thing when selling something like is is to state "caravan for sale, sold as seen, inspection welcome." 

If the ad had stated no visible damp and the caravan had to be taken apart to find some then the goods would have matched the description. 

OP you might want better advice (outside these forums) as to your obligations, the buyer may be required to return it to where they came in to possession and possibly at their cost. 

You might be liable for the inspection if a court felt it was necessary to discover whether damp was present but on the other hand why have the inspection on the off chance, the buyer presumably felt there may be damp and should have returned the goods at this point rather than go ahead with any work, there may be possibility to argue that they haven't mitigated (lessened) their loses. 

I would also be looking to find out if the refund can be reduced to account for usage and/or damage and possibly for the dismantlement if it were deemed unnecessary. 

Camp03

So just a wee update, we have received our forms from the small claims court the buyer is persuing this - any help would be appreciated!

Camp03

So just a wee update, we have received our forms from the small claims court the buyer is pursuing this - any help would be very much appreciated!

bris

You have a problem in the fact you stated "no damp" when there was so that's mis described. Even in a private sale that means something. You would have been better not mentioning anything at all and let a buyer do their own due diligence.

You can however counter sue for the damage they done.

Bottom line is you would be as well fighting it in court and stating how there was no damp visible when you owned it inside the caravan so it was sold in good faith and the buyer should have done their own checks before buying not after.

fenwick458

how much was the caravan sold for? I'd just ignore them personally It doesn't seem like solid case