Does a warranty cover damp

[Thedoog]

We picked up our new van on Saturday from a reputable dealer who we thought treated the whole buying experience very well. The van is 10yrs old but in fantastic condition we thought, plus it had just had a service.
Tonight was the first chance i have had to go through the wallet of paperwork, in it was the last service report.
Which mentioned high damp levels around the side window. We got a warranty with the van, will that cover the damp. My wife will go ballistic when she finds out and i havent told her yet. I assume the warranty paperwork comes through the post like when you buy a car so i have not been able to check on that.

Steve

 

[SirRogerFFS]

Hi Steve this is a tricky one Im sure Prof will come along and advise you on this topic.The manufacturer only offer 6 years water ingress guarantee,so Im guessing there will be no damp guarantee from you dealer.Please dont take my reply as read I only popped in to let you know your post had been read.
Sir Roger.

 

[Damian]

It all depends on the wording of the warranty the dealer has sold to you.
Make no mistake, the warranty is an aftermarket warranty provided most likely by M&G Insurance and is nothing like the original manufacturers warranty.
You will need to read the small print very carefully.
In the meantime go back to the dealer and get him to explain the reasons he failed to mention the damp.and ask him what he is going to do about it.

 

[Thedoog]

I will ring them and see what they say I feel really let down they must have read the service report.
They went over my trade in with a fine tooth comb

 

[colin-yorkshire]

hi sorry to hear you have problems with your new purchase,
unfortunatly when making a purchase of a second user van, you have to do exactly the same as they did with yours while it is still on there forecourt pick out every single defect there is insist on a new damp report even though they may have just done one on the service, if possible pay by credit card or finance, as then there is other financial interests involved in the sale, these can be used as a lever if things go wrong and at least you get your money back.
it will not however usually go that far as if you have not completed and taken delivery of the van, the sale can be reversed, if the dealer doesn't put things right in a specific time scale (like one week) threaten to cancel the sale and walk away this usually prompts some action.

 

[ProfJohnL]

Hello Steve,

I'm sorry to read of your discovery, and unfortunately the answer may not be as clear cut as you would like.

When I reply to this type of question I take time to carefully consider what I write, and I note that several other posts have already been made, and they seem to be offering portions of the advice I would give, so If I seem repeat anything please forgive me.

The basic question you ask is if your dealers warranty will cover any damp issues? There is no legislation that dictates what sellers or manufactures after sales warranties must include so they can set out their own terms and conditions. But many will use a pre-configured package by an insurance company. Either way, the only way to know if your package include water ingress is to read the T&C of the policy. Due to the age of the caravan the Manufacturers guarantee is long expired. So only the sellers S/H sales warranty will have been offered.

Its always best to try and settle 'warranty' issues amicably, but there may be other legal avenues to try if you feel the dealer is not being fair.

Whenever you make a retail purchase (new or second hand) the Sale of Goods Act (SoGA) kicks in. These are your statutory rights, and in a nut shell they require goods to be "As described and fit for purpose"

You may have heard of a Latin phrase "Caveat Emptor" which means "Buyer Beware" This is a primary key to retail purchases. It means you (the customer) must ensure the goods you purchase are to the standard you require and will satisfy your intended purpose. You are expected to ask questions of the seller before you purchase, and by dint of the Trades Descriptions Regulations and the Advertising Standards Regulations, this imposes a duty on retailers to answer or provide accurate responses, In many cases the seller will pre-empt most questions by publishing a description/specification.

The seller only has to provide accurate information. They are not obliged to publish ALL information. Therefore don't assume anything missing from the published details as being ok. Especially with second hand goods you have to "read between the lines" which is why the savvy buyer will have done homework and will have learn't about the common problems with the product and composed a list of important questions to ask, such as damp issues etc.

Phrasing the questions is important, for example:
Let us suppose the caravan is actually fully repaired and dry. If you asked "does the caravan have a damp problem?" The seller can accurately say "NO". But if you has ask "has the caravan any history of water ingress?" the seller would then have to disclose what they know about the caravans history. Don't forget they may genuinely not know everything, as previous owners can be just a cagey about some aspects of the truth.

You have to overcome economy of the truth. So knowing how to ask a question is very helpful.

A caravan is usually a major purchase for a family probably ranking third after house and car, so it makes sense to have an independent pre purchase survey carried out. This should highlight any history of damp, but also check its current condition. Generally if there is a history of damp I would suggest walking away from the deal, but on a practical note a caravan that has suffered water ingress and has been properly repaired may be a perfectly sound purchase. So a history of damp is not always a deal breaker, but it should at least be a deal modifier, because a caravan with a history of damp does have a reduced value, so you should get a reduction in purchase cost.

As you point out in one of your replies, the dealer is doing a thorough survey of your van, and you can bet if they find anything wrong, they will reduce their trade in price offer - so you have to be as thorough and ruthless as they are.

Best of luck.

 

[Thingy]

I will ring them and see what they say I feel really let down they must have read the service report.

Certainly that is your first step. It may be that they have done the work prior to sale. I agree with everything ProfJohnL has already told you and I feel you are going into what will be a "luck" situation. If your dealer is reputable, he may take it on the chin and do the repairs. He may also offer you a swap to a different van, although he has no obligation to do so. Another possibility, and maybe your best chance is a 50/50 split on any repair bill.

You will need to read your documents in respect of the warranty very carefully and make sure you understand both the law and any possible warranty cover before you broach the subject with the dealer. Keep it polite and level headed, dont make it into a personal battle as I feel his position is somewhat stronger than yours.

If the damp is just around the window it could be something as simple as a window seal and not too expensive or too big a job, keep yur fingers crossed on that one.

The other thing to consider is whether he has given you a proper warranty as you say you have no paperwork yet. If its purely a goodwill warranty by the dealer himself, it may not be worded to exclude damp. Have you got ANYTHING in writing to say a warranty is included in the deal. I am thinking that the one hope you have is that as you havent actually seen or read the warranty document yet, you could play the card that having had a warranty offered, you expected it to cover damp, and therefore felt safe to buy the van.

I am sure you will be feeling very let down and dismayed right now, but dont panic until you have the warranty details and the true nature of the problem.

Good luck with it, I know how you feel, I had a major damp issue in a brand new van, and although covered by warranty, I was very disappointed with it.

 

[Thedoog]

An update, i have rang the dealers and emailed them the service report that came with the van. They are adamant they checked and found no damp. If i want i can take the van to them and they will check it in front of me. Or i can have an independent check if either shows any damp they will sort it. i might be naive but that settles my mind,Plus the warranty that comes with the van is their own.

Steve

 

[Thingy]

Looks like good news then, I would still get an independant check on it too.

 

[Thedoog]

Another update, i found the previous owners name and phone no amongst the paperwork. He was really helpful even though on the report it said high damp readings around the front window, he said the engineer told him not to worry about it. High was equal to 25%. The owner also said that the dealer i bought it from damp tested the van while he was there and did not find anything to worry about.
I wish i had spoken to the previous owner before iv'e had 2 days of hell for nothing. They only changed to get something newer and they loved the one we have bought, serviced it every year, never used the shower and cooker so it looks like we might have ended up with a good buy.

A Much Relieved Steve

 

[Thingy]

Still, you need to keep an eye on that area. Damp readings can fluctuate somewhat depending on atmospherics which could explain why the dealer found nothing to worry about.

You said earlier the dealer inspected your van at time of px with a fine toothed comb, is there any reason to suspect he wouldnt have done the same when he took this van in for px?

Just for the record, we had damp in a two year old van at the back panel, reading of 22-23%. The dealer and manufacturer both said that although that was high, it wasnt high enough for them to intervene, and would only do so at around 28%. However, I stood my ground and eventually got them to act. They sealed all around the rear panel and also fitted a new underbed locker door as they intimated they had problems with them. This seemed to do the trick and at time of sale was reading around 8% in that area, lower than the rest of the van. Im telling you this as the high readings on their own arent always signs of something drastic.

 

[ProfJohnL]

Hello again Steve,

It looks like my last but one paragraph was a worthwhile addition.

Hope it all goes well

 

[Thedoog]

Hi, as a further update we had our van checked today by a mobile engineer, Armed with his report i spoke to the dealer and they are having the van back on Saturday. They want to do a replacement we will see what happens.