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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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I have bought a static caravan last Saturday.we agreed verbally

Customer Question

I have bought a static caravan last Saturday.we agreed verbally that if there were any problems once the water,gas and service were completed ,any problems would be sorted out by the previous owner.
The boiler has a problem so I have no heating.this was the main reason I bought this van.the fridge freezer does not work.
I'm having problems getting them to pay for the repairs
Could I pull out the sale even though the monies have been released from the bank??
Legally do I have any rights.i really want the van but want them to honour our agreement
Regards ***** *****
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Was the seller a private or a business one?

Customer : A private sellar but the sale had to go via the park
Ben Jones :

You have rights to the extent that the seller appears to have acted in breach of contract by not honouring the agreement they had with you. As part of the sale it was specifically agreed that they would deal with any issues that came up once the servicing was completed. If they have reneged on that promise then technically they have acted in breach of contract and you can either try and cancel the sale or pursue them for the additional costs that may be incurred for making the necessary repairs.

The key is they are in breach of contract and in that sense you are entitled to be placed back into the position you would have been had the breach not occurred, either by cancelling the same or getting the repairs paid for.

You can contact them and make your position clear and state that you would either have to pursue them for the money and return the van or you would have to undertake the repairs yourself and then pursue them for the costs you have incurred as a result.

Customer : What if they are not prepared to pay for any of it or only a part payment
Ben Jones :

then you will have to decide whether to take the matte further. Your only option really is the small claims court, which is generally a straightforward matter and not too expensive

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks