Caravan damp dispute with dealer.

Okell

swecri said:

Thank you both for your responses. 

I refer to the CRA 2015, Section 23.132 which states:

Section 23: Right to repair or replacement

132.This section details a consumer’s right to insist on repair or replacement of faulty goods, the cost of which must be borne by the trader. This includes the trader bearing any costs involved in the removal of an installed item and reinstallation of a replacement. A replacement would usually need to be identical, that is of the same make and model and if the goods were bought new then the replacement would need to be new.

https://www.legislation.gov.uk/ukpga/2015/15/notes/division/3/1/3/4/5#:~:text=This includes the trader bearing,would need to be new. 

Open to hearing any other insight or interpretations into this section, but this was my understanding of this? 

That's not my understanding.  You need to go back to the relevant section of the legislation itself and not rely on the explanatory guidance.

s23 of the Consumer Rights Act 2015 (legislation.gov.uk) applies where the consumer has the right either to a repair or to a replacement.  If you try to require the seller to replace with a brand new caravan, they can decline to do so on the grounds that it would be "... disproportionate compared to the other of those remedies" (ie a repair).  See s23(3)(b).

No way would you be entitled to a brand new caravan after 4 or 5 years.

If you don't want a repair then you are left with a refund - which the seller would be entitled to discount to reflect the 4 or 5 years of use and enjoyment you've had from the caravan.  See s 24(8).  Note that this specifically refers to the "use" you've had of the caravan, and does not mention anything about the second-hand value of the caravan after 4 or 5 years.

If you paid £23k and the seller is offering you £14k then they are charging you £9k (or 39% of the purchase price) for the use you've had of the caravan.  Not knowing anything about caravans I don't know if that is a reasonable charge for 4 - 5 years of use or not.

How much would it have cost you to hire one for the times you've used it...?