We bought a caravan from a so called reputable dealer and picked it up in July last year (Van was 2009 and purchase price was 10k). It has been just had a pre-season service by an independent engineer who performed a damp check and has reported back extensive damp readings up to 50% in one or two places. The engineer is willing to back us on this and has said that he will happily to speak to anybody who we need him to as he believes the damp was there at the point of sale i.e. it has not happened in the last 7 months.
We had a six month warranty and the caravan came with a PDI type document on pick up all was clear. I questioned damp with the Salesman at the time of the sale who assured me there was none and if there was it would be picked up in the pre-delivery checks. Yeh right.
The dealer will have a look at it and has offered to pick it up but I have lost all trust in them and to be honest this has been the final nail in the coffin caravanning wise and I just want rid of the thing I do not want an exchange or swap for anything else camping related, also I don’t want to stitch anyone else up either. Our options are as follows:
1. We have been offered 5k from a we buy any caravan type place (we have advised them that the van is damp). I would actually be quite happy to take the 5k hit as long as I never have to think about a caravan etc ever again, although another part of me doesn’t want the dealer to get off scot free
2. We strike lucky and get a refund/van bought back from the dealer for more than the offer in option 1.
3. Dealer undertakes the repair, guarantees the repair bit of paper saying van is damp free then we can out the thing
4. Dealer disputes independent engineer, keeps the van for bit, dries it out, performs a fake damp test and the van is by a miracle cured and damp free. Dealer gives us a bit of paper saying van is damp free. We then out the thing.
My gut feel is that No. 4 is what will happen as I have zero faith in the dealer due to way they dealt with a couple of other teething issues.
So if we do get Option 3 or 4 this how do we cover ourselves/the person buying our van so that no-one else is stitched up.
If the Van is repaired or bodged but we have a bit of a paper from the dealer saying that all is OK surely we are selling in good faith and all comeback is with the dealer or would this not be the case?
I really do not want to fight for the poxy thing as I have truly had enough but as said I do not want to out it to some poor unsuspecting family like us either.
Thanks for any advice you can give.
EDIT: The caravan does not smell damp, I have rooted around in the cupboards and cannot find any soft spots or wet spots or bobbly spots. It was raining when it was serviced on our storage site and caravan was last used in November. Could this give a false reading as this is where the dealer seems to be going?
You are covered under the Consumer Rights Act and the dealer would be liable for the repair as it would be classed as an inherent fault plus Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
Why take a £5K hit when it is the responsibility of the dealer to sort out the repair and they cannot wiggle out of it? Get onto the dealer to carry out the repairs and if necessary refer them to the Consumer Rights Act.
Sorry to hear about the damp in your caravan.
From previous posts from members with the same issues, it can take a while to get things sorted out.
I certainly would not take a £5K to get rid of it.
------------- It is a wise man who has something to say.
It is a fool who has to say something.
The dealer has offered to take a look at it and I am going down that route.
My main query is if the dealer does repair it and supplies us with documentary proof but it turns out they have just bodged it or just dried it out and then recorded a low damp reading where do we stand if we sell it on privately.
Can our buyers sue us if the dealer has bodged the repair after all their contract is with us and not our dealer?
Quote: Originally posted by Nosaj on 16/2/2016
Thanks IanK01,
The dealer has offered to take a look at it and I am going down that route.
My main query is if the dealer does repair it and supplies us with documentary proof but it turns out they have just bodged it or just dried it out and then recorded a low damp reading where do we stand if we sell it on privately.
Can our buyers sue us if the dealer has bodged the repair after all their contract is with us and not our dealer?
After the repair get the mobile person back to do another damp check. If you sell it privately and do not mention the damp, the buyer could sue for return of their money under the Misrepresentations Act and this could probably involve a court case.
As the dealer has offered to do the repair you need to go along with that and if they are a reputable dealer then there should be no problem and you can enjoy many happy days away.
It would be a very foolish dealer to bodge the job as they know that they could end up with egg on their face.
I suggest you get a second opinion of the damp or better still get a damp meter & check it yourself. People that repair caravans for living may well try to make paid work for themselves.
If dealer is large & has offered to look at the caravan himself he may well give it a clean bill of health or offer foc repairs. A large dealer will be looking for caravans to sell at this time of yr so if he says caravan is ok then suggest full refund or reasonable buyback offer if you just want shot.
If you do want to go any 'fit for purpose' legal route then you will have to liaise with dealer anyway so you might as well let him look at it.
If you sell privately then buyer has much less protection than from dealer. A private seller only needs to state truthfully what he is selling, ie a caravan. If you make no more claims for it then there can be no comeback.
The van will be sold either at a loss or post repairs, there will be no more happy days away in it as the damp issue is the straw that broke the camels back.
So as long as I mention that it has had damp, but this has been rectified by a dealer and here is the proof in the form a damp test (dealer and independent), work guarantee/paperwork etc then I should be OK even if the dealer bodges the work or hasn't done the work.
This is the crucial point yes on the face of it, it looks like I am losing 5k. However if the dealer messes around on the repair or keeps on doing sub standard work this could take months to resolve. If I do get it back and repaired properly I still have to mention the damp issue. This will put lots off, may make it more difficult to sell, take longer to sell and result in a resale value of considerably less than my purchase price. I also run the risk of the dealer bodging or not doing the repair (even if they supply me with paperwork and guarantees)which could result in me being sued by the buyer
Taking all the above into account is it worth all the hassle when the van may only sell for 6.5k due to its history?
I will be pursuing the dealer whatever happens
Opensauce:
I very much doubt I will be lucky enough to get a full refund, but as you say time of year if its is that bad then it may be cheaper for them to but it back from us above and then out it to another unsuspecting buyer, however the moral/karma part of me does not want that.
The Service engineer we used has no conflict of interest, he does not do the work himself and has not referred us to a pal either so there is no reason for him to not be straight up
If you don't want to go back to dealer then put caravan on ebay, £5k reserve, £1.00 start, describe it but make no claims as to it's condition, buyer pays cash & tows it away, no paypal. You will see plenty of ebay listings like that & there can be no legal comeback from buyer.
Tbf, I can't see any moral issue there. If you buy a cheap caravan off ebay then you expect that it needs work. For a good diy'er damp repairs are not that difficult & buyer may regard it as a bargain.
Is there any chance the dealer will allow you to see the van while it's being repaired. If so, it will reassure you seeing it stripped down and damaged parts replaced etc.
If he's genuine he should have no objection.
Hopefully that would help you to love it again knowing it's been done well and you can then keep it or sell it with a clear conscience.
is it just below a window? or a lock form in the side panel? is it below the awning rail?
i think in my experience damp in caravans is a simple fact of life and dealers are not phased by it. they will get a workshop to repair it and sell it on. its amazing what these caravan repairers can achieve.
i looked at a 2009 lunar caravan. it was in quite rough condition had a few knocks and scrapes inside but i found it to have a rotten floor and massive damp in the wall above the range of my meter. the dealer was offering it for sale at top price and didnt seem that phased when i told him what i had found and even suggested they repair it and i buy it. the lady at the dealers told me "all caravans have some damp, we sell brand new baileys and some are returned for damp repairs under warranty" i would recommed your delaer repairs it under warranty than you ask him how much he will give you for it then try some other dealers. people like Higbridge and Stowford caravans are always looking for stock and will collect them from round the country.
my guess is that the damp situation is not as bad as you think.
------------- First van bailey ranger 550/6
Now the proud owner of a coachman amara
I would expect the dealer should be able to repair successfully. I agree the van probably was sold to you damp but because of timescales I don't think you will get much else out of the dealer other than a repair. Damp in caravans can take months to show which is why so many dealers get away with it.
Our 2007 caravan has had no damp but has just had a service a has a very small patch of damp (40%) and the wall is soft. It corresponds to the bar across the front above e Windows so the engineer put some more sealant on it but recommends we have the bar taken off and completely resealed. The key thing is he said at 40% it will hopefully dry out so long as it doesn't keep getting wet, he said when you get up to 70-80% it normally needs repairing/replacing. So depending on where yours is and what might be causing it there may be a possibility it will dry out. hth
------------- From tents to trailer tents to a tin tent to an air tent to trailer tent and back to tin tent!
I am wondering if the OP has bothered with contacting the dealer and getting the caravan appraised as that should have been their first port of call before posting on here?
Quote: Originally posted by iank01 on 21/2/2016
I am wondering if the OP has bothered with contacting the dealer and getting the caravan appraised as that should have been their first port of call before posting on here?
Yes thank you he has and had you actually read the OP and the words "The dealer will have a look at it and has offered to pick it up" you would have realised that.
If you have some practical help to offer please do however from your condescending tone I very much doubt you do and that is not actually appreciated at this trying moment thank you very much !!!
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Topic: 10k Caravan 50% damp ??
