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Surf01

Your Rights As A Private Purchaser

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If you buy goods from a private seller, generally you have no redress under the Sale of Goods Act, however if the goods were misrepresented then you can make a claim under the Misrepresentation Act 1967.

Let's assume you are purchasing a caravan that the seller has advertised as good condition and damp free. After purchase you then discover it has damp. Under the Misrepresentation Act you can claim a full refund. If the seller refuses they are probably committing a criminal act as it is not a civil issue. This also applies if you purchase a caravan from a private individual and then discover that they are actually a dealer posing as a private individual. The law takes a very dim view of the latter and they will be prosecuted.

The main thing to remember that if you purchase privately and the goods are not as described, you can request a refund so not all is lost however the request will probably need to be made within a reasonable time. Hopefully this will be helpful to private purchasers with a problem.

For further details click here.

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It needs to be in writing and you then need court action and it is in the courts hands if you get your money back and if the person then even makes any effort to pay .

 

Best to take as many precautions as possible before handing over money .

 

 

Dave

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It needs to be in writing and you then need court action and it is in the courts hands if you get your money back and if the person then even makes any effort to pay .

 

Best to take as many precautions as possible before handing over money .

 

 

Dave

Hopefully the advertisement where it states in good condition or damp free depending on item will suffice.

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You may also have to prove that any problems existed at time of purchase and that the seller knew they existed.

Why do you think this as the seller should not have advertised the item as in good condition or in the case of a caravan damp free? They should have had it checked to make sure that they were being truthful. The onus is not on you to prove whether the seller knew a problem existed or not, otherwise what is the point of having the Act?

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I cant see how someone could be accused of fraud it they were not aware of the problem . In all honesty they believe it to be damp free ?

 

Easier to not get caught ?

 

A claims court can only award you a refund but they still have no power to make someone pay that requires further action in a high court .

 

Dave

Edited by CommanderDave

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Actually Surf I think it is. I have inspected many caravans bought privately that have had damp concerns, all of the private sellers say they were not aware of any damp. ...the new owner then has to prove the seller knew, how does he do this?

Not many caravans are sold with a recent service history, I've known sellers throw away service history if damp is mentioned rather than be honest when it comes to selling!

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Legal acts and all the opinion that surrounds them; in the real world are very difficult to enforce without spending more money on lawyers and the rest.

 

Redress, if at all, is unlikely to be quick and the reality "caveat emptor" is the only real piece of advice that has any sense.

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Actually Surf I think it is. I have inspected many caravans bought privately that have had damp concerns, all of the private sellers say they were not aware of any damp. ...the new owner then has to prove the seller knew, how does he do this?

Not many caravans are sold with a recent service history, I've known sellers throw away service history if damp is mentioned rather than be honest when it comes to selling!

If you were the seller, would you admit that you knew about damp etc? I think not. My post was supposed to be helpful for those that have been perhaps conned as it is based on fact and the law and I certainly did not expect a caravan engineer to dispute the law and find all sorts of reasons why it could not be applied! Are you saying it never happens and that all the court cases are wrong?

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fenester good post

 

Let the buyer beware has to be the way to go on private buys.

 

You may have rights its going to cost you to enforce them.

 

Then we come to the issue of getting your money back this could result in your £15000 being paid back at £50 a month after innumerable court wrangling over several years all costing you money.

 

One of my relatives is in the legal trade he could tie you up in legal knots for years

EG problems getting your money back due to not being able to get a response answer send the address a legally worded letter stating unless your £499. 99 pence is returned you will take proceedings to have the address credit blacklisted!!!! worked within 5 days for me!!

 

Then finally people that rip others off selling dodgy boats and caravans intend to keep your cash its quite easy or them to do that if they intend to rip you off from the beginning.

 

It might come as a surprise to forum members but a significant group do not pay any bills max out on all credit are quite unfazed by court orders against them to pay up.

 

A lot of them live in big houses own expensive boats and caravans which they sell when they do not in fact own them.

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fenester good post

 

Let the buyer beware has to be the way to go on private buys.

 

You may have rights its going to cost you to enforce them.

 

Then we come to the issue of getting your money back this could result in your £15000 being paid back at £50 a month after innumerable court wrangling over several years all costing you money.

 

One of my relatives is in the legal trade he could tie you up in legal knots for years

EG problems getting your money back due to not being able to get a response answer send the address a legally worded letter stating unless your £499. 99 pence is returned you will take proceedings to have the address credit blacklisted!!!! worked within 5 days for me!!

 

Then finally people that rip others off selling dodgy boats and caravans intend to keep your cash its quite easy or them to do that if they intend to rip you off from the beginning.

 

It might come as a surprise to forum members but a significant group do not pay any bills max out on all credit are quite unfazed by court orders against them to pay up.

 

A lot of them live in big houses own expensive boats and caravans which they sell when they do not in fact own them.

 

Rogues also know how to transfer assets so its like getting blood out of a stone even with High court action .

 

Dave

Edited by CommanderDave

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A few years ago we were one of the unfortunates and bought a caravan with damp. When the seller refused to communicate so we contacted Sandwell TS as in the meantime we found out he was a dealer pretending to be an individual seller. Sandwell successfully prosecuted him on two counts and we got paid for the damp repair. All over done and dusted in a year!

We were lucky in that we bought from the seller's premises and he was stupid enough to advertise another caravan for sale within a week. That was when we discovered he was selling an average of one caravan a month over the past 14 months. It also came to light that he was on benefits plus there was a tax issue but that is another story!

So there is hope for some, but as correctly pointed out be prepared for a battle.

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Fairly close to me lives a punter in a £600000 house.

 

He "owns" several £60000 plus cars a £100000 boat and 2 4 wheel luxury caravans-at the moment.

 

He NEVER pays any bills has been blacklisted from about every trade supplier in Scotland.

 

He regularly buys and sells.

 

He knows tax and loophole law inside out.

 

A more plausible and nice guy you could not meet.

 

Buy or sell him anything you are going to lose a shedload of dosh!!


Surf01
What a plonker obviously an incompetent rogue.

The ones I know do not get it wrong--they keep your hard earned cash!!

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I'm not disputing any laws. ..I'm just adding some info as I have inspected several caravans where it has happened. The only fact that came out if it was. .. 3 caravans bought with damp, 3 sellers denying any knowledge of the damp, 3 customers didn't receive a penny in refunds, all 3 sold in with large losses. Also all 3 did seek legal advice.

Just to add.

 

the majority of the caravans or motorhomes I service have damp, most of the owners are totally unaware that they have a problem. So it's not really surprising that they say they are dry when selling.

 

As you have correctly worked out I am a caravan service engineer not a lawyer!

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Perhaps we should be made aware of the legal qualifications of all those contributing so that we can take a considered view of what they say about the law.

poolebob

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poolebob

Regarding legal qualifications.

 

80% of her majesties prisoners are illiterate.

 

However as any long suffering desk sergeant will tell you they can quote the law chapter and verse and have an answer get out of jail card for every situation.

EG

When found with 1kilo of cocaine in their car no conviction-it was a hire car.

 

Legal qualifications do not matter much-in my opinion-when buying a caravan privately its experience of life ie buying and selling that counts.

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Perhaps we should be made aware of the legal qualifications of all those contributing so that we can take a considered view of what they say about the law.

poolebob

You do not have to be a lawyer if you quote the law and people are made aware of their options. Even better when you can relate to personal experience. BTW I do have a qualification in commercial law although I have never been a lawyer. This does not mean that I am correct on everything and one learns every day and the law is very open to interpretation. A lot depends on your the facts are presented to the court and how good the judge is at understanding the legalities. One judge may rule in you favour and the next judge may rule against you! That is the way the law works in this country.

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Please note, I did not say that the comments of non legal people should be ignored.

Merely that knowing someones qualifications helps to evaluate their views.

poolebob

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poolebob

legal qualifications quality of advice do not make me laugh.

 

as many sadder wiser much poorer people will tell you.

 

In the legal profession qualifications and performance are not related in any way!!

 

As a successful user of the legal system I have found that native cunning and a sharp brain are major assets.

 

I am qualified in contract civil and constitutional law an taught consumer law-never practiced it.

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Thanks for your comments gents.

Now I know how much weight to give your views

poolebob

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Thanks for your comments gents.

Now I know how much weight to give your views

poolebob

Me too! NONE. :ph34r:

Threads such as this one are never helpful and soon become bitter as individuals defend their corner.

 

My contribution to all threads of this nature is simple "smile and move on!"

Edited by John_b_45

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Me too! NONE. :ph34r:

Threads such as this one are never helpful and soon become bitter as individuals defend their corner.

 

My contribution to all threads of this nature is simple "smile and move on!"

Please explain why you think the thread was unhelpful as it was based on our own personal experience? It is your choice whether to accept it or reject it and walk away. No one forced you to read the thread anyway.

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One of the purposes of these forum is to learn from others personal experiences. Providing that is made clear and explained no problem.

However looking back at earlier posts, they read as giving a definite legal answer and could be misleading.

As later posts spell. out, when it comes to the law and its application nothing is black and white.

The only certainty is that the legal. profession never loose out.

I suggest we all move on

poolebob

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Ohh dear this thread is becoming a rather bitter taste.

 

Its a great resource this forum.

 

You read sift and digest many writers have a lot of experience of buying and selling over many years.

 

Some of us have taught and studied law.

 

Some of us above have still been ripped off buying and selling.

 

Why reinvent the wheel is my motto if someone has experience listen and learn.

 

I do agree-go to law-the lawyer is going to make a pile of cash either way!!

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