Legal advise needed guys (sorry not fazer related)

[dock]

Hi Guys
Anybody know where i stand with this ...?
I sold an 8 year old touring caravan privatly and on the advert i stated that it was in good condition with no damp. A bloke turned up and checked it all over and offered me £200 less than the asking price to cover cost of a service and the deal was done. He rang me 2 days later and said a mate of his checked it with a damp meter and found damp (which was not visible), he now want £1300 from me to pay for repair or he will take me to small claims court. I sold it in total confidence all was ok. Whats my next move ?

[chaz]

as a private seller as long as it was as discribed then there's nothing he can do, damp testers can be set to pick up the smallest bit of moisture, working in the building game you get to know all the tricks, tell him to go *** ******.

[jason1]

Tell him to swing , he bought from advert description which is binding . He should have checked over 100% before paying you . He can do nothing , damp meter or not , its too late after payment/deal was done . What a twat - head butt the fucker 

[Hedgetrimmer]

He wasn't a pikey was he? I hate f****n' pikeys!

[Stooby2]

Either tell him to go away or offer a full refund and the vehicle back. Don't give him some of the money back. That way you can sort the damp out (if there really is any) in your own time and at your own cost. Then you can sell it for a proper price.

[AdieR]

"Caveat emptor" ie buyer beware.

Unless you misled him, he has no claim.

"A mate of his checked it" - a court would probably query the skill / qualifications (any instrument is only as good as the operator using it, plus "measurement uncertainty", ie temperature / humidity, calibration and other factors play a part in it too). A court would also pick up on the fact it's 8 year old, thus entitled to fair wear and tear.


Indeed, if it were me, I'd let him take it to court, and argue the point that an inspection should've have happened BEFORE, and not after, agreeing a sale.

A point that keeps coming up on bike forums (esp with newbies buying their first bike) is "if you're not sure what you're looking for, take a clued-up mate along" - to prevent this type of situation occuring - which is what your buyer should've done.

[Doddsie]

Damp!! Damp what????  the walls are alluminium so they cant be damp. Condensation yes, but not damp. If he is talking about the carpet or cushions, tell him to piss off, he could have poured water on them!!

[Punkstig]

Indeed, if it were me, I'd let him take it to court, and argue the point that an inspection should've have happened BEFORE, and not after, agreeing a sale.

A point that keeps coming up on bike forums (esp with newbies buying their first bike) is "if you're not sure what you're looking for, take a clued-up mate along" - to prevent this type of situation occuring - which is what your buyer should've done.

Completely agree- also that's why hpi's are popular for vehicles (I know hpi has nothing to do with this case but you get the relevance!)
Private sale, should have checked it thoroughly before handing over the cash!

[adeejaysdelight]

Tell the pikey tinker pr**k to f**k off!!! He should have brought his fa**y of a mate with him (if he exists) before he bought it. It is a private sale, so you are fine. If it were a business sale, you would have a legal obligation. But as it is private, your actions are on moral grounds only. And it sounds like you are sure there was no damp, so he is at it. Trying it on to see if he can squeeze a few bucks out of you o pay for his holiday. Let him take it to a judge and watch him wasting his money (I would bet a ton that he won't).

[marksfazer]

As already said Caveat emptor! He should of check it out before he brought it with a damp meter. As long as you sold it in the condition as described then there should be no come back to you.
Kindly tell him he inspected it before he brought it and any found faults after the sale is down to him to rectify. And at that point tell him to stop contacting you or just ignore him.
 

[Chillum]

Tell him you'll be doing him a favour by buying it back off him for half price, then you can sell it again for full price

[DILLIGAFF]

I bet the tosser left a window open in the rain, boiled a kettle and took a shower before his "expert" mate turned up.




He bought it "as seen" so it is his responsibility to ensure the condition before purchase.

[t140]

Ask for his mates qualifications, meter model serial No and current calibration certificate.

[mustardbufc]

I'm no law expert, but it could be down to the wording in the ad.
If you said 'no damp' rather than 'no damp that I'm aware of' maybe that could make a difference.
I'm sure I read somewhere in cases like this that even in private sales goods must be as described.
Not that I'm saying it was damp, but to outsiders, until professionally proven one way or the other, it's his word against yours!
I suppose also, if £200 was a large mark down on the asking price, then you have that on your side, especially he said that was for a service. They would have damp tested it as part of that service and then he's getting a mate to do it!
Also, most caravans will have a certain amount of damp in the wooden framework and walls. I think upto about 10% is no cause for concern. I would also think that £1300 worth of damp would have been easily seen!
Hope you get it sorted ok.
 

[Lazarus]

the time for the guy to object was when he turned up to inspect it. if it didnt match the description then he should have walked away then.

get to the CAB - they should be able to tell you.

personally, get him to sling his hook.

[mr self destruct]

Ask for his mates qualifications, meter model serial No and current calibration certificate.

Also ask why he didn't bring his mate along when he viewed it in the first place.

[Kosmic Kartman]

I wouldn'y even get into discusing the meter. Just tell to fok off... Sold as seen.

[Doddsie]

Im still amazed anyone would want to buy a caravan in the first place!!!! 

[slimwilly]

I am surprised that a Foccer even owned a caravan, it takes all sorts,, at least he sold it, 

[Hedgetrimmer]

"It's fer me mam, she likes blue ones" 
And no, blue ones aren't any faster...

[Grahamm]

This is what the CAB says about private sales.

Personally I'd say that if he hadn't looked around it before he bought it or brought his mate along there and then, he *might* have a case.

But he didn't bring along his mate and he *did* "check it all over", so AIUI he'd have to demonstrate that the damp was there at the time of purchase *and* that it wasn't noticable when he checked it.

If I were you I'd say he had the opportunity to inspect it, he did so, then bought it, so he must have been satisified when the sale was completed and then not engage with him any further.

[sure2ride]

I agree with Grahamm.
Even though you said "no damp" I do not believe that statement can be relied upon, it is an advert and is only a part of the contract. You don't know whether there is any damp, all you know is that you are not aware of any damp. That is how your advert should be read. It is a private sale, he inspected the item, knocked down your asking price and then agreed to purchase. I reckon you are bomb proof and should tell him the sale is legal, you do not wish to discuss it with him any further and will be pleased to see him in the small claims court. What you have to do when dealing with to**ers like this is to hold your nerve. Do not get involved in discussions. Let him take you to court, and see if he has the nerve. He's just trying it on, and was probably the school bully.
It's a pain in the butt, but that is the only way to play it in my view. You either give in because you don't want the worry, or you you stand up for justice, hold your nerve, and don't let him get away with it.
Sorry for the rant but I hate people like this. Good luck.
 

[esetest]

I wouldn't worry about it , sounds like the twat  is trying it on .

[Anarch]

There is different standard when buying from a company / car dealer and a private person. My guess is that you ascertained to a reasonable level that he vechicle is damp free. Private seller cannot be expected to get out fancy equipment and check everything - in that case you wouldn't be able to make any statement about the condition of the vechicle.


Funny you should mention 'pikeys' few years ago in Germany my uncle was selling his Mercedes to them - when he went into the bank to pay the money in (our recommendation to see whether notes are ok - one of them poured some engine oil into the cooling system. Later he opens the hood (after the deal was done, and everything signed) and tells us that engine is f*cked and he wants 1000 Euro off - and all of his mates surrounded my uncle. I convinced them to go to the local garage to check it out - when they were told by the mechanic that they poured the fresh oil into the coolant they asked whether they can get 50 euros for the petrol - all they got was my middle finger.


P.S.
People with caravans are evil.

[dock]

thanks for all the advise guys, i sent him a letter to tell him sold as seen etc etc and i will be glad to go to court. lets see what he does now ?   
once again thanks for all of you taking the time to help