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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 1845
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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My friend bought a caravan about 1 year ago, she updated the

Customer Question

My friend bought a caravan about 1 year ago, she updated the inside with new lights, upholstery etc, just made it more modern to her style. We actually bought a caravan ourselves too. We caravanned together last year and we have both decided to really enjoy it and to sell our caravans and get bigger ones.
Assistant: Where is your friend? It matters because laws vary by location.
Customer: she listed her caravan for sale and somebody bought it about 8 weeks ago, she didn’t have any service done on it as everything appeared to work fine. When she sold it the buyers were happy with it, now the buyers have come back saying they have had some checks done now and the floor is all rotten underneath, this is something my friend didn’t know and wouldn’t of known unless it was taken to a specialist and checked underneath as the new owner has now done.. the buyer is now asking for a refund but my friend has now put the money into her new caravan, my question is .... is she legally responsible to refund or should the buyers not of done their own full checks before buying it as this what not something my friend was aware off and is now weeks later
Assistant: What steps have been taken so far?
Customer: Poole. UK
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: The buyer has just sent a report of the damage found on the caravan and requested a refund
Submitted: 7 months ago.
Category: Law
Expert:  Ross Miller replied 7 months ago.

Hello my name is ***** ***** I can help with this matter.

Expert:  Ross Miller replied 7 months ago.

I will give you the black and white of the law and then a bit of further advice about this specific situation.

Expert:  Ross Miller replied 7 months ago.

You touched on "should they have done their own checks"? This used to be the case there was a rule in law known as ​Caveat Emptor which meant buyer beware, which basically means kick the tyres. However under new laws this is no longer the case. A seller of any good has to ensure that he product is in good and working order. Since the floor is rotten this is not the case. Therefore the buyer has the right to request that the issue is fixed or get a refund under the Consumer Rights Act (CRA). So basically they can request a refund. However, what your friend should do is offer to give a part refund to cover the cost of the repairs. This would be the best remedy moving forward. However, if the buyer has their back up they could potentially take court action. They may take the case that they were misled during the sale and your friend was aware of the damage, however this would not be easy to prove. What I would suggest you do is speak with the buyers and see if you can come to some kind of negotiation where you can offer a partial refund to help with the cost of the repairs. I do wish I could be giving you better news but Im afraid the law now states that even private purchases the item has to be in woking order and fit for purpose.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

Kind regards

Ross

Customer: replied 7 months ago.
Ok Thankyou for your answer, I can assure you she didn’t know the damage was there, I think the buyer is saying the report says it’s not worth repairing in which case I suppose she will need to give a full refund. She only bought the caravan herself less than a year ago and the buyers report says it is something that would of happened overs a few years,Where would my friend stand if she wanted to speak to the person she bought it from as they obviously sold it to her in that condition,Has it been to long now for her to speak to the person she bought it from ?
Expert:  Ross Miller replied 7 months ago.

She would have the same rights as it has been less than a year. However, she would face additional difficulty as it has been more than 6 months which means that she would have to prove that the damage existed when she bought it. However, my VERY STRONG advice is to contact the person she bought it from tomorrow (or even tonight) that way you have raised the issue and you take the "time issue" out of play. I would go do this then look at getting a refund (or at least the sale value back) so she can refund the other person who bought it from her. You may wish to look at speaking to a solicitor as this could become a bit of legal issue. But yes I would do your best to try and get the sale value from the person your friend bought it from. You could have a professional look at the damage and make a report to say that it would have been in this condition upon the original purchase by your friend then you have solid legal standing.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

Kind regards

Ross

Expert:  Ross Miller replied 7 months ago.

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

Kind regards

Ross

Expert:  Ross Miller replied 7 months ago.

Kind regards

Ross