Sold caravan now problems

[WILKINSS208]

Hi

Can anyone help?

I sold my caravan on ebay as an auction. The highest bidder won and came and purchased it last Sunday. They fully inspected the van. I had noted some points on my auction of things that needed work doing to it or was damaged.

Now they rang tonight to tell me the caravan has damp. They removed a blind (not sure why as fitted on wall) and they claim the wall is 'mushy' and their finger went straight through the wall.

What are my rights here??

[Andy77799]

I guess that would depend on if what they claim is correct???

[perplexity]

If you are charged with the offence of misleading, the allowed defences are prescribed by section 17 of The Consumer Protection from Unfair Trading Regulations.

 

[WILKINSS208]

If it is true and we did not know where do we stand?

Why would they damage the van then ring and tell us?

[perplexity]

If it is true and we did not know where do we stand?

Why would they damage the van then ring and tell us?

 

The point is that it is no excuse to not have known, nor is there the need to show that the offender intended to mislead.

 

What the seller has to is do show that everything that would reasonably be expected to be done to avoid the offence, was done. This is not so far from common sense if you pause to think it through. When a buyer reckons that a seller should have known, or should have said, the law backs it up.

 

I think you need to have an honest conversation about it, instead of looking for a loophole to slip through.

Edited August 11, 2011 by perplexity

[discoverylady]

Hang on - Auction you say ?

 

In that case - buyer beware, sold as seen. Unless you really misrepresented it, then they have no right to redress at all.

[perplexity]

Hang on - Auction you say ?

 

In that case - buyer beware, sold as seen. Unless you really misrepresented it, then they have no right to redress at all.

 

 

Transactions concluded on eBay are not auctions.

 

eBay is neither an auction house nor a retailer.

 

The User Agreement prescribes the contractual relationship between the website provider and the seller, the organised provision scheme that eBay is, and is exactly the same for all the members and all the listings.

 

A buyer is not a consumer if the goods are second hand goods sold at public auction at which individuals have the opportunity of attending the sale in person, but that is not a description of eBay.

Edited August 16, 2011 by perplexity
link added

[Surfer01]

If you stated "No damp" or indicated that it was in excellent condition with no issues then you have misrepresented the state of the caravan. It matters not that it was unintentional. If there is damp, the caravan may be uninhabitable.

A way forward would be to pay to get a mobile engineer to inspect the damp if ther is damp to quote on it. Perhaps you and the new owner can agree on a price to repair the damp. The new owner may be very happy with the caravan except for the damp which can be a very expensive repair if ti is really bad.

We bought a caravan that was supposed to be damp free but found damp and when the seller refused to negotiate we handed it over to Trading Standards who then prosecuted as mis-representation is a criminal offence.

[queensclose]

what was the value of the caravan. and did you say damp free

[perplexity]

what was the value of the caravan. and did you say damp free

 

 

An omission is an offence, with regard to the main characteristics of the product, and a deceptive presentation may be prosecuted as such "even if the information is factually correct".

 

The Regulations were designed to close every loophole.

 

The thing to do is get back to the buyer to sort it out. Complaints like this are not invented for want of anything better to do.