Motorhome purchase: can we demand the warranty offered in the vehicle listing?

[Deleted User]

I've just read through OP's other motorhome thread. 
https://forums.moneysavingexpert.com/discussion/6544657/motorhome-damage#latest


OP did you ever establish if it's a former hire van?
With it having 'no smoking' stickers inside, I'd say that it almost certainly is.
Unfortunately, this would invalidate any manufacturer warranty (as would many other clauses).

If it turns out that it wasn't a hire van, do you have a stamped record of habitation checks?
Habitation checks are an essential to maintain the warranty, they're normally carried out annually.
Different manufacturers have varying requirements, but the checks do need to be done regularly and on time.

Ex-hire are generally sold at a discount to tempt buyers (as the vehicles have a limited market) and sold by smaller dealers (who will also be taking unwanted px and unsold stock from the larger dealers and auctions, often vehicles with issues).
It's a higher risk for buyers, particularly those who don't know any better but can be rewarding as the vehicles sell at a far lower price (closer to private sale rather than retail price).

What warranty has the dealer given you?
Based on the above, I would only expect a three month warranty and can't imagine that the dealer has much time for you.

Personally, I think that if you're not happy with the van and it's causing you stress, the best course of action is to sell it and move on. A warranty will not make the van any better or stop further issues, it only reduces the potential cost of ownership.
This kind of situation can drag on and on, sometimes causing the owners a lot of unwanted anguish.
Think of yourself first....

ThumbRemote

Grumpy_chap said:

the_lunatic_is_in_my_head said:

If it's dealer 1 then the guarantee applies

As a side note, which ever one it is, the dealer has breached the Consumer Protection from Unfair Trading Regulations by making a misleading statement which does give you the right to unwind the contract

I am not wholly sure that is the case.

An advert is merely an "invitation to treat" - notification that the item is for sale and the vendor willing to agree a price.
It is exactly for that reason that I asked upthread:

Grumpy_chap said:

Did you pay the price in the advert, or did you negotiate?

If the OP saw an advert for the camper van and it read something like "Camper van with full gas bottle, five-year warranty, £35k" but the OP negotiated the price down to, say, £32k it may be that the extras - full gas bottle, five-year warranty and such like were removed from the deal as part of the price negotiation.
Even if the OP paid the original advertised price, perhaps the five-year warranty was removed in lieu of paying the costs to transfer the vehicle to the local Dealer.  Relocating a camper van is not free.

This is not how the CPUTRs work. They require the trader to be quite clear, hence the sections on both misleading actions and misleading omissions. 

In your price negotiation scenario, the extras could only be removed with the express agreement of both sides. The trader cannot simply remove them to drop the price, but not inform the consumer that they are no longer included. 

In the OPs scenario there is absolutely no indication that they were told the warranty would be removed prior to the sale. The trader cannot unilaterally remove it without explicitly telling the consumer.

Jenni_D

I think the issue is that Seller 1 advertised the warranty, not Seller 2. And the OP bought* from Seller 2. So that clouds things somewhat.

* Subject to confirmation from the OP.

Grumpy_chap

ThumbRemote said:

This is not how the CPUTRs work. They require the trader to be quite clear, hence the sections on both misleading actions and misleading omissions. 

In your price negotiation scenario, the extras could only be removed with the express agreement of both sides. The trader cannot simply remove them to drop the price, but not inform the consumer that they are no longer included. 

In the OPs scenario there is absolutely no indication that they were told the warranty would be removed prior to the sale. The trader cannot unilaterally remove it without explicitly telling the consumer.

I think the advert is quite possibly moot in this case.  The OP saw the vehicle advertised at Dealer 1.  Dealer 1 agreed a trade sale to Dealer 2.  The OP purchased from Dealer 2, who had not placed an advert.

The price negotiations following an advert "invitation to treat" can have any outcome - it is entirely possible to negotiate to pay more than the advertised price:
https://forums.moneysavingexpert.com/discussion/6571719/charged-more-than-advertised-price-for-car#latest

the_lunatic_is_in_my_head

Grumpy_chap said:

The price negotiations following an advert "invitation to treat" can have any outcome - it is entirely possible to negotiate to pay more than the advertised price:
https://forums.moneysavingexpert.com/discussion/6571719/charged-more-than-advertised-price-for-car#latest

The other thread doesn't really help as, bit like this one, very few details of what actually happened. Of course the offer can be discussed and changed but

"I'd like to buy that £7000 car"
"Sure I'll just charge your card, here's the keys" 

and you later find out you've been charged £8000 doesn't mean the dealer can claim £7000 was only an offer. Obviously any verbal is going to hard to prove so the more you have in writing the better but basically the CPRs prevents the trader from omitting information, giving false information or giving an overall presentation which in any way deceives so ideally everything should be clearly set out for the consumer to easily understand. 

Grumpy_chap said: The OP saw the vehicle advertised at Dealer 1.  Dealer 1 agreed a trade sale to Dealer 2.  

It's feasible but isn't it also feasible the two dealers do this on occasion and buy the other a pint for closing a sale (as OP mentions them doing favours for each other)?

We don't even know if this is a couple of prestigious branded dealers turning over millions or two blokes with a couple of motorhomes for sale on their front drive. 

Really need more info from the OP.