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Subject Topic: Misled advert on private sale of caravan
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20/3/2010 at 9:27am
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Quote: Originally posted by cwdc56768 on 20/3/2010

"buy privately.  My wife would say the latter for piece of mind."  Do you mean she says "the former"?

Buying private is not all bad. I quess there are more good vans than bad. Your local seller should have service reports from a local dealer. Unlikely to get them off ebay. eBay will be generic and possibly made up names if you check.

If you buy privately, mention the advert and make it stunningly clear that you are relying on the representations in that advert to buy the van. Have a witness. You still need to have a good poke around to satisfy yourself it is as advertised.

Remember the wonderful line from one poster on here that the warranty is either three yards long or the front gate whichever comes first (Brilliant). Your dealer will fix under warranty but privately you're on your own.

Phil




Reading some of the other posts on here regarding dealers and warranties I think you may be better off buying private and doing the repairs yourself - at least you'd know it was done properly and have a van for when you wanted it (ie. not being at the dealers for repair or back at the manufacturers for weeks on end)


20/3/2010 at 9:35am
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Only if your wife trusts the bloke doing the work Rune Caster

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If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe    


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20/3/2010 at 1:44pm
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My father always used to say "Guaranteed 'til it breaks down".

I guess its true to say that the newer it is the less chance of problems but then there's more money at stake.

Caravans have a life of about 14 years and during that time they may need resealing. If it's done in time to prevent damage, there's no problem. However if it's left too long the damage may be beyond economic repair.

The lesson is to have it serviced anually including a very comprehensive damp check and to keep that service history. Then prospective buyers can see tha it's been well looked after.



22/11/2021 at 7:42pm
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Hi Phil (cwdc56768) are you still available for advice? Kind regards, Simon


via mobile 23/11/2021 at 8:17am
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Post up whatever your issue is Simon. You should get some help & guidance.

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via mobile 23/11/2021 at 9:43am
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Quote: Originally posted by Midgecamper on 22/11/2021
Hi Phil (cwdc56768) are you still available for advice? Kind regards, Simon



Welcome to UKCS. He last posted in 2015 (click on the name, their posts are listed), so I don’t think you’ll get a reply.

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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.


23/11/2021 at 12:19pm
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Quote: Originally posted by Midgecamper on 22/11/2021
Hi Phil (cwdc56768) are you still available for advice? Kind regards, Simon




Hi Midgecamper and welcome to the forum.
I'm afraid you're probably going to be out of luck as Phil has not been around since 2015.
He was always a great font of all legal information and his input is sorely missed, as there is no one else really up to speed like he was.

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XVI yes?

As well is two words!
How does a sage know everything about everything? or does he? or does he just think he does?
Remember, if you buy something you bought it, not brought it.


24/11/2021 at 1:25pm
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Hi good afternoon all, I recently purchased a secondhand caravan privately which was advertised as having no leaks. One week later it had rainwater coming in. Seller not interested and so I had the van professionally serviced and inspected which has not only found considerable damp but also structural/safety issues and a mighty estimate to put right. So it’s another sorry tale of a private buyer considering going legal to try to recover something back…any advice please?


25/11/2021 at 7:36am
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Quote: Originally posted by Thumper18 on 24/11/2021
Hi good afternoon all, I recently purchased a secondhand caravan privately which was advertised as having no leaks. One week later it had rainwater coming in. Seller not interested and so I had the van professionally serviced and inspected which has not only found considerable damp but also structural/safety issues and a mighty estimate to put right. So it’s another sorry tale of a private buyer considering going legal to try to recover something back…any advice please?



If the advert stated No damp or in Excellent condition etc, then there is a possibility that the Misrepresntation Act 1967 could be used. However I would suggest get some legal advice first. Many solicitors offer the first hour free or you could approach "Which Legal Services" a well known consumer body.    
Has this seller sold in other caravans recently as they may be a trader pretending to be an individual. If so they can be reported to Trading Standards.


25/11/2021 at 9:05am
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Good morning and thank you for your message. No, this was a private sale and I don’t believe they were masquerading as traders at all. The advert stated the caravan as having “no leaks or soft spots” and it was purchased on a dry day. A week later on our first use of it starting leaking quite badly during some rain which raised alarm bells.


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25/11/2021 at 10:03am
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Quote: Originally posted by Thumper18 on 25/11/2021
Good morning and thank you for your message. No, this was a private sale and I don’t believe they were masquerading as traders at all. The advert stated the caravan as having “no leaks or soft spots” and it was purchased on a dry day. A week later on our first use of it starting leaking quite badly during some rain which raised alarm bells.



You can still use the Misrepresentation Act 1967 as the ad was misleading. Do you still have a copy of the ad?


25/11/2021 at 10:47am
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Good morning, yes I do thankfully just before it got removed off the eBay website despite being less than 90 days old. The whole episode is pretty upsetting/sickening but I don’t want it to put me off caravanning….


26/11/2021 at 8:35am
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My understanding is that much will depend on both the age of the van and the price paid for it.
If the seller claims no leaks, then it may well be that it had not leaked while in the seller's possession and the statement was made in good faith.
If it was an old van, then it may be said that springing a leak is something that could be expected at some stage, and it is just your bad luck that it started so soon after purchase.
Unless you can discover evidence of old leaks that have been repaired and/or covered up, proving misrepresentation could be very difficult.


26/11/2021 at 10:13am
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Quote: Originally posted by 22seaside on 26/11/2021
My understanding is that much will depend on both the age of the van and the price paid for it.
If the seller claims no leaks, then it may well be that it had not leaked while in the seller's possession and the statement was made in good faith.
If it was an old van, then it may be said that springing a leak is something that could be expected at some stage, and it is just your bad luck that it started so soon after purchase.
Unless you can discover evidence of old leaks that have been repaired and/or covered up, proving misrepresentation could be very difficult.



In this case the advert seems to have been misleading stating no damp. Rotten floors do not happen over night and can take many months.


26/11/2021 at 10:41am
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Good morning all, thank you all for your advice - I’m so grateful and whereas I previously felt helpless at least there is a glimmer of hope now. The caravan is fairly old (2003) but has been refurbished by the previous owners which what attracted me to it and so I did pay quite a lot when compared to other vans of a similar age. I absolutely expected to have to maintain it regularly and carry out cosmetic repairs but nothing on this scale for the price.


26/11/2021 at 1:19pm
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Quote: Originally posted by Thumper18 on 26/11/2021
Good morning all, thank you all for your advice - I’m so grateful and whereas I previously felt helpless at least there is a glimmer of hope now. The caravan is fairly old (2003) but has been refurbished by the previous owners which what attracted me to it and so I did pay quite a lot when compared to other vans of a similar age. I absolutely expected to have to maintain it regularly and carry out cosmetic repairs but nothing on this scale for the price.



This thread has two separate OPs with 2 separate issues.
The one you refer to is the first OP (2Wheels) back in March 2010, which referred to rotten floor etc..
The one I answered is the second OP (Thumper18) who posted this month, and referred to a leak when it rained.



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