Hail Damage

[PaulT]

I've got an 05 Senator Indiana which was damaged by hail about 3 years ago. The roof looks like the surface of the moon and the nearside is also damaged. It's still completely weathertight, the inside is still in good condition.
The insurance company paid out a sum which represented the difference between what it was worth before the damage and what it was worth after.
My question is - would members consider buying a van with damage such as this (at the right price) or would they dismiss it out of hand?

 

[Lord Braykewynde]

As long as the van was watertight with no damp it wouldn't bother me provided the price was right. How many people when buying a van bother getting ladders and checking the roof though?
The roof isn't a part of the van that you can see and the dents are cosmetic so I don't think it would really matter.

 

[Surfer]

People will see the damage and immediately suspect damp so ti may be a good idea to have a recent damp report available. You will need to point out the damage becasue if if it is sold privattely and the damage discovered afterwards the buyer can sue. Also saves a lot of hassle if they are aware from day one if you mention it in the advert plus the fact a recent damp report and service.

 

[ProfJohnL]

Hello Surfer I have given you the benefit of my wisdom on these mattes in other threads, but for confirmation of my position I quote from the CAB website http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_goods_your_rights.htm#your_legal_rights_when_you_buy_goods “If you buy goods from a private individual, for example, through an advert in a newspaper or shop window, or at a car boot sale, you have very few legal rights. However, if the seller offers a description of the goods, they must match the description given. If your goods don't match the description given, you may be entitled to compensation. You may also be entitled to compensation if you have bought an unroadworthy car from a private seller, which has caused injury to someone. However, it may be especially difficult to get compensation from a private seller. If you have been sold an unroadworthy car, you should complain to Consumer Direct – see under the heading Further help. Sometimes, people who sell goods as part of their business pretend to be a private seller in order to avoid their legal responsibilities towards their customers. This is a criminal offence. If you suspect that the person you have bought goods from is not really a private seller, you should complain to Consumer Direct – see under the heading Further help.”
I also suggest that you look up the UK legal meaning of "CAVEAT EMPTOR" which is still a valid position, and especially relevant to PRIVATE sales, where goods are desribed as "Sold as Seen" or "As is".

 

[Surfer]

Unfortunately your wisdom in many areas is lacking and this is one of them. Are you in professor in law and if not in what field are you a professor or is that a just a grand "nom de plume" title? There is no such thing as "Sold as seen" and the phrase has NO legal standing. Check it out for yourself by contacting your TS and asking them the question. This has been confirmed to me by Sandwewll TS so if you want to argue about it contact them. If the caravan is sold as being in good condition then it is being misdescribed and a private buyer does have a come back. Obviously everything depends on how the advert is worded and what the seller tells the buyer.

 

[Parksy]

As long as Paul T (the o.p) accurately describes the caravan that he is selling and doesn't try to misrepresent the damage the buyer wouldn't be able to complain afterwards. Paul has already stated that the price would reflect the damage done by the hailstones. It would be a good idea to ask the buyer to sign an agreement to show that he had inspected the damaged caravan and he had agreed to buy it in that condition.

 

[Dustydog]

Surfer
I have to disagree with you.
Prof has given a clear explanation but perhaps I can say more.
Caveat Emptor still applies.
Deliberate misrepresentation is illegal
"As is" or "sold as seen" must be used in a contract of sale which both parties sign and exchange the signed copies.
Providing Paul T declares ALL the problems he knows in writing on the Bill of Sale, then the onus is on the Purchaser to do his checks.
With both signing and exchanging copies of the Bill of Sale marked "sold as seen" Paul will be safe.
If what you imply is true I doubt anyone would ever sell anything? Sorry if I've misinterpreted you but that's how it sounds to me.

 

[Surfer]

I think you may have misunderstood both of us! The phrase "Sold us seen" has no legal standing in law whether trade or private. The seller needs to be very careful how they word the ad because if they state it is in good condition, this could be taken to been no damage therefroe misrepresentation has occurred and the buyer can sue the seller, but if it is clearly stated hail damage etc, then there is no issue.

 

[ProfJohnL]

Hello surfer,

Caveat Emptor rules and will do so in private sales provided the seller has title to sell the goods, and the goods are not mis-described and no fraud was conducted. The completed transaction ends all responsibility the seller has for the goods.

As for my name, I was endowed in the 1970s at a venerated seat of learning in the South West for Science, and extended with a good dose of life.

I do not think I can be any clearer than I have been and it is now up to PaulT to make his own mind up about what to do.

 

[forestgump]

so rry i would not buy it if it looks bad i would not even go and see it .

 

[TD42]

Im sorry, but i have to ask.Why did the insures not pay for full repair?? Reskining both sides of my 2005 Pagent was paid for by my insurer C&CC last year with no argument .The repair cost was well within the market value of the van

i pesonally turned down a hailstone damaged van & paid 1K more for a same year/model undamaged one
as a buyer it was in my mind that I would have difficulty reselling when I wanted to up grade

 

[DerektheSecond]

"Hello Surfer I have given you the benefit of my wisdom on these mattes in other threads"
John I'm sorry but on other threads you have not only been proved wrong but also been guilty of giving wrong advice I know you mean well,. but some of the advise you have given would have cost or may have cost in one case £ 2000 pounds I joined the forums for helpful suggestions irrespective of whether you are a professor or not ,anyway at least I dont wear red crocs

Does this mean I get banned?????

 

[PaulT]

Hi TD42
Unfortunately (from an insurance point of view!) I live in France and the insurance company would not pay for the van to be repatriated to the UK for repair. Plus, we were living in it whilst building a new house so from a practical point of view we couldn't have it repaired.

 

[ProfJohnL]

Hello Derek

Please tell me how you would like me to reply?

 

[Gagakev]

Hello Derek Please tell me how you would like me to reply?

Prof here's your reply; Why not read the smallprint i.e; in my signature box at the end of each reply

 

[Lord Braykewynde]

I know you mean well

helpful suggestions

Derek, in fairness to the Prof his advice IS only helpful suggestions.
You state in your post that you realise that he is only trying to help and means well. At no time has anyone got a gun forcing anyone to do anything against their wishes and Kev is correct, the Profs signature box says it all.
It's also unfair to state on a public forum where you had almost lost £2k without giving the Prof the facts in private. In other words you've made an accusation against him with no proven facts.
That's just my take on it so I rest my case m'lud.

 

[PaulT]

Come on chaps, I only wanted a bit of advice on hail damage!

 

[Dustydog]

Hi Paul
I overlooked the fact you took a Diminution in Market Value cash settlement from your Insurers. The agreed figures are presumably well documented and met with your full agreement?
So if you ever return to the UK I suppose you could have the Indiana repaired, sell it "as is" with full disclosure of the damage or do a PX with a dealer.
Would I buy your caravan? No . But at the right price someone out there will see it as a bargain. Just be sure to tell the truth.

 

[Parksy]

I know you mean well,. but some of the advise you have given would have cost or may have cost in one case £ 2000 pounds I joined the forums for helpful suggestions irrespective of whether you are a professor or not ,anyway at least I dont wear red crocs

Does this mean I get banned?????

Nobody is being banned but please bear in mind that posts appearing on this forum and website are opinions and may have no factual basis. Advice cannot be guaranteed to be accurate and it's for the recipient to decide for themselves whether or not to take the advice, or if they consider any advice to be good or poor.
Forum members usernames and avatars may not necessarily reflect their academic achievements and should be regarded purely as nicknames as far as this forum is concerned.

 

[Lord Braykewynde]

Forum members usernames and avatars may not necessarily reflect their academic achievements and should be regarded purely as nicknames as far as this forum is concerned.

Are you insinuating that I'm a mere commoner?

 

[Parksy]

Are you insinuating that I'm a mere commoner?

I'm virtually positive that you have blue blood Lord B

 

[forestgump]

are you saying ive not got any crocs .

 

[Parksy]

are you saying ive not got any crocs .

The camera never lies FG (well, not much anyway)

 

[ProfJohnL]

Following Dereks serious allegation against me, I have added the comment in my signature box to make it absolutely clear how forum based information and advice should be used.

Having added that, it still does not detract from the fact that the advice I offer is based on a professional or practical understanding of the subject matter, or a logical argument with elements of research. I definitely do not try to misdirect. The only bit of subterfuge I do use is my nickname, which I guard for good reasons that at least one moderator knows and are happy to allow it to continue.

Most of use nicknames, and unlike some members I do not use it to enable me to make unfounded or personal remarks against other forum users, I would use the same arguments in a face to face discussion. Whilst I have strong opinions, they are not cast in stone and given good reason I will change my point of view or advice.

At some point in the not to distant past, I am sure that Derek referred to his profession as being a police officer. I have tried to use the forum search to find it, but it has been not very helpful, as you cannot search on a contributors name. However with that in mind I am sure he would be fully aware of the implications of his allegation.

So I do not dismiss the allegation, but without knowing exactly what Derek refers too it is not helpful to speculate about which bit(s) of advice he considers to be wrong.

I thank those contributors who have shown support to the way I use the forum, and I am sure that like me they would like to know how Derek feels he has been wronged.

On the positive side Derek stated “would have cost or may have cost in one case £ 2000 pounds” which reads as though the advice did not result in a £2000 cost, so no financial damage done, But I am really interested to know what the advice was and the circumstance were.

 

[Surfer]

Why don't you just admit that sometimes you are wrong! We all make mistakes from time to time.