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james bruce
james bruce, Solicitor-Advocate
Category: European Law
Satisfied Customers: 7164
Experience:  Owner at James Bruce Solicitors
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I have just purchased a second hand awning for my caravan on

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Hi,
I have just purchased a second hand awning for my caravan on Facebook market place, from a person not a business.
I asked if there was any damage and the person selling it said 'no'.
I travelled 3 hours to pick this up and perhaps foolishly as the person was a nice chap I made sure that it was complete - which it was, paid for it and went on my way, but I didn't take the time to inspect it and make sure it was as described.
I have got home and found that there are a few small tears in the canvas and I am wondering what my options are or what the sellers obligations to me are?
Thank You.
Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Normal rules of the consumer protection act do not apply to private used purchases.

However, the seller must still be honest with what they sell and how they subscribe the item

If it os sold as no damage and there is, then legally you are entitled to a refund.

Customer: replied 6 days ago.
Hi James,
Thanks for the response.
It was sold to us with the description of no damage.
The seller has stated that I was 'free to inspect it' but that I 'chose not to'.
Does the seller have any obligation to refund me travel expenses / time? It's a 5 hour round trip - his attitude feels very much like 'tough luck mate'.
Customer: replied 6 days ago.
What would my legal route be if he refuses a refund?

If he refuses a refund, then your only course of action would be to sue them.

Customer: replied 6 days ago.
That can be a long winded process! I take it I'd have a healthy chance of winning?
There was nothing mentioned about condition in the description - but I asked the question - is there any damage? His response was 'nothing anywhere'

If there was no mention in writing but only verbal and no inspection , then you would struggle

Customer: replied 6 days ago.
There is written evidence of it on a message on facebook, of exactly the words above, but correct no inspection and I'm kicking myself for not inspecting it!!!

Understood, he has still put in writing that there was no damage, you purchased on trust and the basis there was no damage, therefore you are entitled to a refund.

Customer: replied 6 days ago.
Ok James thanks - just wanted to be sure - I'll push for that!

Try to reach an agreement if he refuses then sent a formal letter before claim to him setting out the claim .

Then if he fails to respond start a claim against him.

Customer: replied 6 days ago.
Fantastic - Thank You.

You are welcome.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

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