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Your Rights When Buying From A Dealer

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Hi,

A few weeks ago we bought a caravan from what we thought was a reputable dealer. He did say there was no warranty but said that if anything was wrong to bring it back and he would repair it.

Today we took it for a general service and found that there is ALOT wrong with it. The main issues being very bad damp under the fixed end bed and other areas and dry rot. Also the window at the front fell out the first time we used it and a friend managed to put it in so we could tow it back. Since then the service guy told us that there is lots wrong with the windows at the front. He actually does not know how much until he takes it out.

My question is: What legal rights do we have when we telephone the dealer tomorrow? Ideally we need him to repair it and make it fit for purpose. Which at the moment it definately is not. .

So sorry for the long winded post but we are devastated about the findings. We only have had it 5 weeks and paid what to us is a lot of money. Nearly £6,000. ..

Anyone who can advise us it will be greatly appreciated.

Thank You.

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How did you pay for it. ... Not sure how you stand as the dealer did make it clear that there's no warranty, basically it's sold as seen. ..

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warranty or not you still have rights under the consumer act, contact citizens advice, £6000 for a van is a lot of money to pay without any sort of guarantee or warranty ?

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Dealers are not allowed to 'sell as seen'. Take it back. You might struggle to demand your money back, but I would start there.

 

There are lots of good caravans around that that sort of price. I traded a perfect 2006 Senator in just in Feb for a PX around that figure.

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If you paid for at least part of it using a credit card you are also protected by that as the credit card company are jointly liable. I believe this is also true for finance. A number of Eterniti owners were compensated this way after the collapse.

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When you buy something, consumer law says the item must be fit for purpose.
For example, a toaster must be able to make toast and a washing machine must be able to wash clothes.
As well as being fit for their normal purpose goods must also be fit for any specific purpose that the seller told you they would be fit for.
The law which gives you this right is called the Sale of Goods Act 1979.
This right only applies when you buy something from a business, not from a private seller. More info on the Citizen Advice web site, good luck

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Are you a member of the Caravan Club? If so you have access to free legal advice.

 

You may find insurance policies like household insurance also provide free legal advice.

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Would say this is definitely not fit for purpose.

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For £6000 I would have not bought from a dealer without a warranty, but this is not what you want to hear at the minute. A local dealer sells older vans around the £1. 5K to £2. 5K sold as seen, probably sold as spares on the receipt.

 

Return it as unfit for purpose, but under the SOGA you have to give them a chance to fix it.

 

If the damp parts are very widespread, and with the windows falling out it looks like the front end may be rotten too, it may be uneconomical to repair.

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As Tigger says, stating sold as seen does not negate the Sale Of Goods Act where is has to be of a reasonable quality and fit for purpose. The dealer doesn't have to offer a warranty, and a warranty is effectively a promise of a no quibble repair for the listed items on the warranty which will be a back up to, or in extension to your rights under the SoGA.

 

A decent dealer will happily stand up to their product, and should make it right, safe and habitable for a reasonable period for defective items.

 

There's quite a large dealer in Lancashire that sells caravans with no service and no warranty, although for £300, they will service and warrant the van. We walked away from them. We wanted to spend £10k, and found it worrying they wouldn't stand up for what they were selling. If I was buying a very old caravan I could understand an extended warranty being an extra cost, but not to at least carry out a basic service to include a brake check, general safety check and gas check very much concerns me, if I wanted that level of service I'd buy private. So what I'm saying the long way round is if they're a dealer, they can't sell at dealer prices and have the escape of if it was a private sale. Do pursue them in writing over the matter.

 

They have the opportunity to repair the caravan, you shouldn't ask for an effective and lasting repair to ensure the entire caravan is safe for the foreseeable future, or you would like to reject the caravan. Plenty of information online about writing letters under the SoGA, and the CAB would be able to help as well. If you get an unsatisfactory response to your letters, you can also inform Trading Standards.

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The only way a dealer can sell an item as 'Sold as Seen' is with regard to a fault in the item that is made clear to the buyer and then it is only in regard to that fault. For example you buy a washing machine with a scratch on the side at a discount and a trader would normally make that evident on the invoice.

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I would phone them up and ask what they offer to do and if they say they will change the caravan or refund take it .

 

Unfortunately the Soga has as many holes in it as a UK built caravan and the dealers will wiggle through them if they can .

 

Dave

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There's quite a large dealer in Lancashire that sells caravans with no service and no warranty, although for £300, they will service and warrant the van. We walked away from them. We wanted to spend £10k, and found it worrying they wouldn't stand up for what they were selling. If I was buying a very old caravan I could understand an extended warranty being an extra cost, but not to at least carry out a basic service to include a brake check, general safety check and gas check very much concerns me, if I wanted that level of service I'd buy private. So what I'm saying the long way round is if they're a dealer, they can't sell at dealer prices and have the escape of if it was a private sale. Do pursue them in writing over the matter.

 

 

 

I bravely ventured into the savage lands recently and visited this dealer. I did find it a bit strange that no warranty was included but I noted that they seemed a good bit cheaper than most - so maybe it's a case of putting up an attractive list price but then effectively offering the same as everyone else. I think if I bought there, I'd be tempted to take a mobile engineer with me and get the dealer to sign up to everything being in good order before I did so.

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This is from a Trading Standards web site. Any dealer that uses the words "sold as seen" has already committed an offence.

Fair Trading Act

It is an offence to display any sign which tries to limit a buyer's rights. Do not use signs like 'No Refunds' or 'Sold as Seen'. As well as being illegal, these signs do not, in fact, limit buyers' rights at all.

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