Charles asks…
problem with caravan sale, buyer not happy and wants ridiculous amount of cash back. ?
I recently sold a 6 berth caravan that we have owned for the last 6 years and kept on a site in Devon, we decided to sell our van and get a new one next year. So i advertised it on Ebay to the best of my ability and the van sold to the highest bidder.
The buyer decided to proceed without inspecting or veiwing the caravan and transfered the asking price to my account. I then emailed him a receipt/bill of sale stating that the caravan has been sold as seen. He replyed to my email to confirm that he received the bill of sale.
I arranged with the camp site owner for the van to be made availible for pick up. Then the new owner phones my home to complain that the heater does not work and the skylight leaks and he wants a refund of £400 to repair the faults. I obviously refused the request for a refund and now the buyer is threatening to take me to court.
Does anyone know where i stand
sorry forgot to mention that the buyer lives in North Yorkshire and he wants the case held there, which will cost me a small fortune to get to!! if i win can i claim my costs from him??
just to clarify the deal was done outside of ebay as the buyer contacted me idependantly. so ebay and paypal have no knowledge of this sale. He paid funds into my account locally, once i saw cleared funds i sent him a bill of sale/receipt stating sold as seen.
Just to clarify again. I am not a dealer this was a private sale.
The buyer had 2 weeks to go and view the van on site and test all the appliances, i did not describe everything as tested and working in the listing. the van only made £1200 which is buttons for a van of this size for him to want £400 to repair a heater and a skylight is ridiculous.
If he was not happy with the van why did he remove it from site? he only contacted me from North Yorkshire over 300 miles away from where it was picked up from when he got it home.
Just received the below by email. Veiws please.
further to our telephone conversaton on the 9th november at 7.20pm, having taken legal advice this morning on the misrepresentation of the caravan sale (sale of goods act 1979) item not as described/ not of satisfactory quality/ not fit for purpose made known at the time of sale.We have been advised to put all the faults and the misrepresentations in a letter to yourself for you to consider a full refund or £400.00 to help cover the cost of repairs. You will receive our letter in the near future. If you do not agree to the above two options we will have no choice but to register the claim at Dewsbury County Court
answers:
On the facts you have given I do not believe you have any legal obligation to give any refund. That’s easy to say but you’ll probably welcome an explanation of why I say that.
I assume your advert was truthful, I assume you are a private individual and the caravan was not being offered by you as part of a your normal trade or business. If all this is the case then you were a private trader and not subject to any of the various consumer contract legislation rules.
Even if you were a trader in caravans the goods were second hand and The Unfair Contract Terms Act 1977 ( as amended ) Sect 25 says … ” Where the consumer ( your buyer ) is an individual, … The definition of ‘consumer contract’ ( the various rights they have about faulty goods ) … Must be disregarded. The expression a ‘consumer contract’ does not include a contract in which – (a) the buyer is an individual and the goods are second hand sold by public auction at which the individuals have the opportunity of attending in person; ….” Although an e-bay electronic auction the principle is clearly the buyer had a chance to inspect if they wanted to.
So to summarise, it’s ‘caveat emptor’ Latin for ‘let the buyer beware’ the principle that the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made.
Edit: suggest you write to him as follows, if you want to be bothered,
Dear .. This transaction was a private sale. I am not a trader and therefore the principle of ‘caveat emptor’ applies. The article was honestly advertised, you had the opportunity to inspect it both prior to our binding contract and at the time of collecting it. Whilst I am naturally sorry you feel disappointed I do not feel I have any legal or moral obligation towards meeting your requests. Should you wish to issue proceedings they will be vigourously contested, an application made to the court for the matter to be dealt with here near to my home address, and costs of defending the action applied for against you, yours etc. ( I think he might have taken some advice himself but he forgets an important detail .. You are not a trader and unless he can prove dishonesty you have no obligation under the various consumer legislation. It’s like a 2nd hand private car sale its up to the buyer to satisfy himself as long as you didn’t make false claims and even then some things are treated as sales polishing not contractural terms and conditions. What you put on to his receipt after the actual transaction is largely immaterial as it was just that – a receipt .. Not part any contract which was already concluded when he paid you.. Anyway I would have expected a leaky sky light to be self evident when he collected it with the inside showing clear evidence of water damage. He’s bluffing, in your position I’d call it )
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Tags: north yorkshire, bill of sale, highest bidder, skylight leaks, 6 years, berth caravan, asking price <BR/>
how much is the asking price?
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Skylight leaks a little.
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