We sold a caravan on a Caravan scrap/repair site as it had alot of damp. We sold it for £250. The buyer looked at it checked it over and bought it.A few hours later he is phoning asking for a refund. I'm so stressed out. We were honest. We said it had damp and needed tlc. The interior was in good condition so most people wanted it to strip for parts. Can he ask for his money back?
Answer is no. He cannot have his money back. The only buyer protection in a private sale is that seller must not misrepresent the item. As you stated caravan was for scrap or repair then no misrepresentation so no refund.
To be quite frank, we only get to hear one side of the story and unfair to judge the circumstance without hearing a statement from the buyer as to what the agreement was and whether there is proof of a written receipt provided to the buyer as a 'Sold as Seen' agreement.
Taking the op at face value there is no way the buyer should be refunded. If there was only a verbal agreement & nothing in writing then obviously it is one word against the other. For £250 I would suggest op tells buyer no refund & to cease & desist with any further contact.
The buyer is perfectly entitled to as for a refund, but the seller is equally entitled to refuse. With all private sales it is always a case of buyer beware. Even if a case went to court it would be up to the buyer to prove misrepresentation, if that was the case.
What can be so wrong for £250 after buying on a scrap/repair site? What were they expecting, especially after inspecting it. Id invite them to take me to court.
Sold as seen isn't a legal basis for a private transaction, the seller must not misrepresent the item and it is up to the buyer to ensure it is of satisfactory quality and is fit for purpose before they buy it, therefore if you advertised it in an honest way, the buyer is responsible for ensuring it meets that description.
Quote: Originally posted by Paul and Nikki on 18/5/2023
Sold as seen isn't a legal basis for a private transaction, the seller must not misrepresent the item and it is up to the buyer to ensure it is of satisfactory quality and is fit for purpose before they buy it, therefore if you advertised it in an honest way, the buyer is responsible for ensuring it meets that description.
Sold 'scrap or repair' suggests 'fit for purpose'. As its not possible to not be fit for scrap or repair.
Surely Caveat Emptor applies, Let the buyer beware? Providing the seller has been completely honest with the buyer and given the buyer every opportunity to inspect the condition I think the answer has to be no to a refund. Be interesting to know why the buyer feels they are entitled to a refund?
Quote: Originally posted by David Klyne on 19/5/2023
Surely Caveat Emptor applies, Let the buyer beware? Providing the seller has been completely honest with the buyer and given the buyer every opportunity to inspect the condition I think the answer has to be no to a refund. Be interesting to know why the buyer feels they are entitled to a refund?
David
As someone has already said; I was all ok on buyers inspection, now they suddenly dont want it. Has the crucial part been stripped? Though cant think how this couldnt be obvious on the OP's inspection unless its been 'swapped'. Something fishy going on.
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Topic: Buyer asking for money back on a caravan
via mobile 17/5/2023 at 6:43am
