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Subject Topic: Private sale **help** Post Reply Post New Topic
PersonRollerteam van
25/11/2016 at 12:13am
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Need advice. Sold my 18 year old motorhome to someone that I see everyday. Cash sale no receipt. Was only thinking of selling but she wanted to buy it looked at it once and gave me a definite yes! Bought the cash round £12k 2 days later and she was away. She's been out for the past few weekends. Now I've had a call to say 1 month later that she's had a habitation test and she been stitched up!! Apparently the whole of one side is completely damp. I honestly never noticed any damp!! She has told me I have 2 options. Give back the 12k or pay for the repair??

It was private sale. What do we have to do??


Persontango55
25/11/2016 at 12:33am
 Location: Lichfield
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I can't believe that 12k was handed over with no receipt. Why?


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PersonRollerteam van
25/11/2016 at 12:35am
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She bought round 12k cash signed log book and drove away.
Is this bad for me or the buyer that there is no receipt?

Post last edited on 25/11/2016 00:40:43


PersonBob61
25/11/2016 at 12:43am
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This article might help.

The 'sale of goods act' has now been replaced by the 'consumer rights act' but private buyers still have little protection unless the seller has deliberately misled the buyer by stating something which was untrue, and that might be difficult to prove. Basically your buyer should have checked for damp before buying. She could take you to court for compensation but unless she has evidence that you described the vehicle as damp free (for instance) she is unlikely to win.

Post last edited on 25/11/2016 00:57:45


PersonRollerteam van
25/11/2016 at 12:56am
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Thank u


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PersonOpensauce
25/11/2016 at 8:19am
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You have the £12k, buyer has van & as obviously you have transferred ownership of van correctly with dvla then ok so far. As pointed out, provided you did not misrepresent sale, ie you sold what was obviously a motorhome privately then buyer has no claim on you in law.

Unfortunately you have nothing in writing that proves you did not misrepresent. If you had written on a piece of paper "£12k received for motorhome" & signed by both of you then that would have given buyer absolutely no claim on you.

With nothing on paper buyer could claim you assured them van was not damp but obviously they would not be able to prove that. The ball is in the buyer's court. If the want to take you to the small claims court they are free to do so.

So really it comes down to a moral issue. Was the £12k very much less than buyer would have paid on dealer's forecourt? If so then point that out. If you buy private cheaply expect to do some work on van. If it was top money then perhaps you should give them a grand back or whatever?


Persondaveyjp
25/11/2016 at 1:30pm
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Caveat Emptor - it is the buyers responsibility to undertake the checks.

By seemingly acting on impulse she hasn't and now has buyers remorse. A classic case of "act in haste, repent at leisure".

Small claims has a limit of £10k, so that isn't an option and it will be very expensive to go down a more formal court route.

If she wanted a guarantee she should have gone to a dealer and paid for the privilege.


PersonFiona W
25/11/2016 at 9:07pm
 Location: Ayrshire
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Similar thing happened to us - bought our MH for cash, it was being used (for fishing trips). It was our first MH, we didn't know what to ask, assumed that everything was ok. A later Hab check showed things needed to be sorted, but we certainly never thought even once of going back to the vendor. (We had problems with the engine too, timing chain was on upside down.)
In hindsight, like getting a survey before buying a house, we should have asked to see an up-to-date Habitation Report. But there wasn't one, and someone else was lined up to view and we'd been looking for a MH like it for years. Still have it, 12 or so years later.

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2024 = 20 sites / 41 nights. 2023 = 9/23. 2022 = 13/35. 2021 = 11/29. 2020 = 4/20. 2019 = 13/35. 2018 = 20/33. 2017 = 10/22. 2016 = 19/33. 2015 = 15 sites / 27 nights. Didn't count 1976 to 2014.


Personiggycamper
26/11/2016 at 1:55am
 Location: Devon
 Outfit: Dreamer(Rapido) D.55 select Plus View iggycamper's Profile View Profile   Reply to iggycamper Reply   Quote iggycamper Quote  
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Agree with all the good sense above.
Just a further thought : You say it is someone you 'see every day' (Work or neighbour?) Although the sale is a case of 'Caveat Emptor' I can understand Opensauce's approach regarding a possible moral issue.
Guess it could make life difficult for you if the matter cannot be resolved amicably?
(For what it is worth we only buy from or sell to 'people we like'! I would have been a useless salesman!)

-------------
The older I get the better I used to be.


Personiank01
26/11/2016 at 9:57am
 Location: Worcestershire
 Outfit: Buccaneer Cruiser View iank01's Profile View Profile   Reply to iank01 Reply   Quote iank01 Quote  
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She had the opportunity to pay a technician to check it over beore she handed over the £12K. IMHO she probably knew the motorhome was a bargain at £12 and was going to rip you off hence the hurry to take possesion so quickly. After all who hands over £12k without having a vehicle checked first?
She then again had the opportunity in the week following to have a habitation test, but again chose to use the caravan for a month before getting a habitation test. Maybe she thinks it is a cheap way of having a holiday and then getting her money back. Maybe she has done this previously?
I doubt if she would have any luck in any court in the land and as pointed out £12k exceeds the limit of the small claims court.


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Personclf86ha
30/11/2016 at 9:10pm
 Location: Teesside
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When did you have a hab test last done and what were the results then?
Did you advertise it as damp free?

when /what date was the hab test she had done? how do you know how well they treated the MH in the month they've had it? Have they been driving it over rough ground/jetwashing it (therefore breaking seals on the MH)?

I'd get professional advice from CAB to see where you stand legally


Personrichardandjo2010
30/11/2016 at 9:32pm
 Location: essex
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don't offer anything back as if you do you are admitting liability, and the if she took it further it may make her case stronger, she would have saved a good few quid compared with buying from a dealer.

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its our imperfections that makes us perfect


Personiank01
01/12/2016 at 9:10am
 Location: Worcestershire
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BTW no receipt so how can she prove anything?



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