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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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We bought a brand new caravan on the 30th sept haven't used

Resolved Question:

we bought a brand new caravan on the 30th sept haven't used it yet went there today and found it has been leaking water from the ceiling just wondering what are my rights
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did you buy from a dealer?
Customer: replied 1 year ago.

yes

Expert:  Jo C. replied 1 year ago.
Ok. How much did you pay and how old is it?
Customer: replied 1 year ago.

it is a 2015 lunar venus and we paid just over £19,000

Expert:  Jo C. replied 1 year ago.
Thanks.
You do have a claim clearly. The question is whether you have a claim for a refund, exchange or repair.
The fact of delay is not really the end of the world. Whichever way you look at this, the leak is not something you could have caused and it may not have been immediately apparent. You are still within the first six months of sale and so the presumptions are in your favour that it existed at the time of sale.
You could try to reject it under the SGA. It is fair to say that it is quite hard to do that with expensive products.
The other alternative is to demand an exchange or repair. You have a right to either a refund, repair or exchange and you choose which you prefer unless the merchant can prove that one or the other would be disproportionately expensive which is usually the caveat they rely on. Even if they do though you would have a right to a repair.
If you are unhappy with that then you would have decide whether you are prepared to take them on. Overall, I think a court would understand that you don't want a repair unless it is something that can be very easily put right.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience: Over 5 years in practice
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