Hi We sold our Van earlier this week. The new owner has had it for 5 days. They spent a good half hour inspecting it on their own. They have come back to us saying it has damp. They have also ripped some of the wall covering away to show us in the pictures. We have owned it for 4 years and never spotted any damp , . From the picture it looks like the rear window is rotting under the seal. Do I have to refund them?
Thanks in advance.
No, I am guessing there was no warranty implied or given on a private sale - why did they check for damp after purchase?
But also depends on what your conscience says, personally, if I'd sold unknowingly I may be inclined to say the following
"Although I was unaware of the damp and it was not visible upon your own inspection, I would be willing to offer a part refund (say £200) towards repairs. This is a gesture of good faith, and in no way implies responsibility"
------------- As a child my families menu consisted of two choices: take it or leave it.
With any private sale it's a case of "buyer beware". You gave the purchasers the chance to view and examine, which they did. I presume you gave no warranty or implied one, so it is their problem, not yours.
You sold the van in good faith and were not aware of any problems, so unless you are a caravan dealer you are not liable in any way. If you feel bad about it, you could possibly do as paulyk74 suggests, but as presumably it was a private sale, you have no legal obligation to do anything, as far as I am aware.
This is the one snag with any private sale. You can often pick up a bargain, but you have no comeback if anything is not quite as you thought.
I'd be careful here you advertised it with no damp but not sold as seen? When I've sold privately I've always had buyer sign a receipt which states they have bought it sold as seen so no comeback even though I've always sold in good faith and honestly as you have too. Someone else will have much better legal awareness but could they have a small claims case against you as they have evidence that it is in fact damp. We would never view a private sale caravan without a caravan engineer so it could also be argued that they have taken on a job they were not up to by inspecting it by themselves.
I have to have sympathy for them though as we see tales of this from the buyers perspective all the time here.
Even with a private sale the goods must match the description, you advertised a caravan with 'no damp'. If those were the words used & not 'no visible damp' or similar & the buyer claims to have discovered damp with rotten wood only a few days after purchase then the goods you sold him did not match the descripton & your advert if he still has it, proves that in writing. Explained here.
Thanks for the advice, its a difficult situation swell as they have caused damage and this is how it was discovered. so if I had to take it back it would come back damaged.
You have to look at it another way. If you'd discovered the damp and were planning on repairing it, then it's in the same state now as it would have been in your ownership having embarked on stripping back to repair
------------- As a child my families menu consisted of two choices: take it or leave it.
How did they damage it, was that accidental or looking for damp? If they had an accident and that was only way it became apparent then I probably would take a different stance. I.e. Damp so well hidden that by usual checks came up negative then how could you have known.
Negotiate - if you have sold with "no damp" then yes they can pursue you for damages if so inclined. Did you say open for any inspection or sold as seen? Really depends on values we are talking here aswell.
If you have sold for say £1k then chances of them pursuing you are slim so offer them something off and move on
If we are talking a say £5k van then I think you need to be pretty clear what is what here before you do anything
If you sold it specifically as no damp then I think you are on a sticky wicket but so are they as they cannot return the van in the same condition as it was received by them.
Negotiate. Tell them it was sold in good faith they took it after checking it and they have now caused damage - what do they want to do?
Doesn't admit liability nor open any offer on your part.
Quote: Originally posted by AL53HX on 20/2/2014
How true this is I don't know but,was told some years ago that a receipt with sold as seen on it wasn't worth the paper it was written on
True enough with a private sale because the goods sold must match the advert descripton & provided the advert makes no claims that cannot be disputed then once buyer has paid there can be no comeback. There are often complaints that some caravan adverts provide little information even regarding weights etc, but from a seller's point of view this is the best way. Never put any information in an avert that you cannot verify.
It just comes back to the wording in the advert, if you described a caravan with no damp & buyer has discovered damp that was clearly present when he bought caravan then he would probably win any small claims court case if he chose. As for who pays for the damage he has had to cause to discover the extent of the damp can be argued about but what is unarguable is that the goods you sold him did not match the descripton so he has a claim.
You course of action now is your choice. You could refuse further negotiation & hope he goes away. You could refund & resell caravan after you have patched it up, or you could offer a partial refund which if he is able to diy might be ok with him, but if he wants a repair at commercial rates then it might be more favourable to you to fully refund & resell caravan after you have patched it up.
Amazing family weekend with old steam engines, classic car displays, market stalls, and full catering and bar. And camping on site - Save £25 by booking in advance.
Topic: Damp Advice Please
