Being economical with the facts!

[Parksy]

We looked at an American 32' long caravan which was very nice and with a very competitive price. I queried towing to on UK roads and was assured that ther was no issue towing with a normal 4 x 4 like a Jeep or Toyota.
I disputed this and the sales lady was adamant she was correct and even prepared to take a £100 bet that I was wrong. Eventually she queried it with her manager who confirmed my belief however he went on to say that the legislation is changing in October this year and then there will be no issues.
Their website states the following;

What size trailer can be towed in the UK/Europe?
The maximum full train length (truck and trailer) that can be towed legally is 18m with the maximum trailer length of 13m x 2.55m wide

The above is correct but they neglect to point out the restrictions and type of vehicle required to tow a 32' caravan legally. Surely this is misleading advertising never mind the fact that any UK or EU 4 x 4 will have issues with noseweight as the the axles on American caravans are towards the back and not the centre.

 

[bertieboy1]

No caravan manufacturer tells you what can or cannot tow a particular caravan.The onus is completely on the buyer to ensure keeping within the law.
After all you could turn up with a huge mucle bound vehicle,tow the caravan round the corner and change cars to a mini metro.
The caravan dealer has no way of knowing what happens after you leave the forecourt.

 

[JonnyG]

No caravan manufacturer tells you what can or cannot tow a particular caravan.The onus is completely on the buyer to ensure keeping within the law.
After all you could turn up with a huge mucle bound vehicle,tow the caravan round the corner and change cars to a mini metro.
The caravan dealer has no way of knowing what happens after you leave the forecourt.

umm i am not totally sure how liable the caravan company would be in law if you bought a huge caravan and then turned up in a mini metro to tow it,pretty sure theres a law out there that covers it so whilst the onus is on you the buyer they the seller are gonna find themselves on stciky ground if they arent on the button where towing is concerned..

 

[NigelHutson]

The law is actually quite simple. To tow a trailer with a body length between 7m and 12m the towing vehicle MUST HAVE A PLATED WEIGHT EXCEEDING 3.5 tonnes. Therefore towing with the vast majority of 4x4's in the UK would be illegal.

 

[Raywood]

The legal position is fairly simple. If you buy the item without asking for advice then the seller has no liability. If you ask them for advice that advice has to be correct or they will be open to a claim which would be covered by a Professional Indemnity insurance policy assuming they have one. Professional indemnity insurance is provided to cover breaches of professional duty and incorrect advice. If a customer asked foir advice on the suitability of their car for a particular caravan then a wrong answer would leave them open to a court action. The main problem for the claimant might be proving it as these things are usually just verbal and only the two parties are present so if the allegation is denied then it becomes one persons word against the other.
If you bought an item because of wrong advice from the seller where you would not otherwise you would have a valid claim against the seller probably for the return of all oney paid but depending on the circumstances a court might make a different award. It is the point at which you get advice that you rely on that is decisive.
You should also beware that advice given even for free can land you with a liability if you are, or appear to be, knowledgeable on the subject so be sure you know what you are talking about.
A dealer might have some criminal liability if he allowed a customer to tow away an obviously illegal combination but that is a different matter and it would have to be blatant. A dealer could not know the weight and towing capacity of each and every model but if a customer tries towing a twin axle model with a Fiesta then this would be obviously illegal. As far as I know whether this would lead to a civil claim has not been tested.

 

[Raywood]

Sory post was duplicated.

 

[Surfer]

The legal position is fairly simple. If you buy the item without asking for advice then the seller has no liability. If you ask them for advice that advice has to be correct or they will be open to a claim which would be covered by a Professional Indemnity insurance policy assuming they have one. Professional indemnity insurance is provided to cover breaches of professional duty and incorrect advice. If a customer asked foir advice on the suitability of their car for a particular caravan then a wrong answer would leave them open to a court action. The main problem for the claimant might be proving it as these things are usually just verbal and only the two parties are present so if the allegation is denied then it becomes one persons word against the other.
If you bought an item because of wrong advice from the seller where you would not otherwise you would have a valid claim against the seller probably for the return of all oney paid but depending on the circumstances a court might make a different award. It is the point at which you get advice that you rely on that is decisive.
You should also beware that advice given even for free can land you with a liability if you are, or appear to be, knowledgeable on the subject so be sure you know what you are talking about.
A dealer might have some criminal liability if he allowed a customer to tow away an obviously illegal combination but that is a different matter and it would have to be blatant. A dealer could not know the weight and towing capacity of each and every model but if a customer tries towing a twin axle model with a Fiesta then this would be obviously illegal. As far as I know whether this would lead to a civil claim has not been tested.

In this case the dealer would have been liable as I asked all the correct questiosn and the sales person was adamant that it was legal to tow behind my 3.0 Jeep GC, but how would I go about proving misleading information if the necessity arose assuming that I had not argued the point? Their word against mine.

 

[ProfJohnL]

umm i am not totally sure how liable the caravan company would be in law if you bought a huge caravan and then turned up in a mini metro to tow it,pretty sure theres a law out there that covers it so whilst the onus is on you the buyer they the seller are gonna find themselves on stciky ground if they arent on the button where towing is concerned..

It is good business practice for both the customer and the seller to ensure the goods are fit for purpose BEFORE THE CONTRACT IS AGREED. If a seller is made aware that a product will not function properly because of inappropriate operational circumstances (e.g. an illegally matched car and caravan or a rubber washer in an LPG fitting etc.) then the seller has the right to refuse to enter a contract to sell.

If the contract has been agreed and completed, then the seller cannot obstruct the collection of goods. If they have concerns all they can do is to advise the customer, and if they consider the customers actions to be irresponsible all they can do (but not obliged to) is to inform the relevant authorities unless it relates to a criminal activity when they are obliged to inform.

 

[ProfJohnL]

A dealer might have some criminal liability if he allowed a customer to tow away an obviously illegal combination but that is a different matter and it would have to be blatant. A dealer could not know the weight and towing capacity of each and every model but if a customer tries towing a twin axle model with a Fiesta then this would be obviously illegal. As far as I know whether this would lead to a civil claim has not been tested.

Hello Ray,
A dealer that has no lein on a caravan has no right or mandate to prevent a customer from towing their own caravan, even if it is an obviously illegal combination. If they try to prevent a customer from leaving their premisis that is a imprisonmemt, a criminal act. The Driver of a vehicle has the ultimate responsibility for the safety, legality and roadworthiness of their vehicle. As I stated all the dealer can do is advise the customer and contact the authorities not that they are likley to respond.