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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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hello,we recently sold a motorhome and the new owners have

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hello,we recently sold a motorhome and the new owners have got in touch to say they have discovered damp in the floor and they want a full refund.they gave the vehicle a thorough inspection before agreeing to purchase it,do they have a legal right to a refund?this was a private sale

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

You're absolutely right, there is no right to a refund or to make a claim if problems exist in a private sale. All goods are effectively "sold as seen" unless there was a specific description that would alter that, such as something in your case like "the van is free of damp". If such a description exisited, there would be a breach of contract, and damages would be claimable. If that doesn't exist, then there is no right to make a claim or demand a refund etc.

tdlawyer :

Hello

Customer:

that sounds good when we listed the motorhome for sale we said it was in good condition,which it is but we were unaware of any damp problems there was no habitation check carried out by us the sellers or by the buyers,the buyers have written to us informing us that we have broken the law because the goods for sale must match the discription being unaware of the damp problem we do not think we have broken the law and do not want to give them there money back

tdlawyer :

Okay. Terms like "good condition" or "fair condition" are pretty meaningless really, as it's incredibly subjective and different people take them to mean different things. So you could have a van with damp but it is still in good condition.

tdlawyer :

So I dont think you have broken any laws here.

Customer:

ok great so to summerise we have no obligation to refund the buyers money.we did not break the law refering to the motorhome being in good condition and the sale stands as it is.

tdlawyer :

I expect that's a fair summary - each case depends on its own facts, obviously, such as the descriptions given, but I think its unlikely they would be able to sue you successfully based on what you've said.

Customer:

if they did succesfully sue us what is the worse case scenario

tdlawyer :

How much did it sell for?

Customer:

asking price £12,500 and they offered £10,500 which we accepted

tdlawyer :

Okay, then if they won at trial (which on what you tell me, seems unlikely), then they would get their £10,500 plus legal costs.

Customer:

thanx very much for the excellent advice and service.good bye

tdlawyer :

Thank you!

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