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+--- Thread: Legal advise needed guys (sorry not fazer related) (/showthread.php?tid=64675)
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Legal advise needed guys (sorry not fazer related) - dock - 24-07-13
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 ?
Re: Legal advise needed guys (sorry not fazer related) - chaz - 24-07-13
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 *** ******.
Re: Legal advise needed guys (sorry not fazer related) - jason1 - 24-07-13
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 :evil
Re: Legal advise needed guys (sorry not fazer related) - nick crisp - 24-07-13
He wasn't a pikey was he? I hate f****n' pikeys! :lol
Re: Legal advise needed guys (sorry not fazer related) - Stooby2 - 24-07-13
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.
Re: Legal advise needed guys (sorry not fazer related) - AdieR - 24-07-13
"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.
Re: Legal advise needed guys (sorry not fazer related) - Doddsie - 24-07-13
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!!
Re: Legal advise needed guys (sorry not fazer related) - Punkstig - 24-07-13
(24-07-13, 08:55 PM)AdieR link Wrote: 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!
Re: Legal advise needed guys (sorry not fazer related) - adeejaysdelight - 24-07-13
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).
Re: Legal advise needed guys (sorry not fazer related) - marksfazer - 25-07-13
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.
Re: Legal advise needed guys (sorry not fazer related) - Chillum - 25-07-13
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
Re: Legal advise needed guys (sorry not fazer related) - DILLIGAFF - 25-07-13
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.
Re: Legal advise needed guys (sorry not fazer related) - t140 - 25-07-13
Ask for his mates qualifications, meter model serial No and current calibration certificate.
Re: Legal advise needed guys (sorry not fazer related) - mustardbufc - 25-07-13
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.
Re: Legal advise needed guys (sorry not fazer related) - Lazarus - 25-07-13
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.
Re: Legal advise needed guys (sorry not fazer related) - mr self destruct - 25-07-13
(25-07-13, 12:17 PM)t140 link Wrote: 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.
Re: Legal advise needed guys (sorry not fazer related) - Kosmic Kartman - 25-07-13
I wouldn'y even get into discusing the meter. Just tell to fok off... Sold as seen.
Re: Legal advise needed guys (sorry not fazer related) - Doddsie - 25-07-13
Im still amazed anyone would want to buy a caravan in the first place!!!!
Re: Legal advise needed guys (sorry not fazer related) - slimwilly - 25-07-13
I am surprised that a Foccer even owned a caravan, it takes all sorts,, at least he sold it, :evil
Re: Legal advise needed guys (sorry not fazer related) - nick crisp - 25-07-13
"It's fer me mam, she likes blue ones" :lol
And no, blue ones aren't any faster...