Motorhome purchase.

[Dustydog]

Checking at Companies House I can’t find any reference to any such company as mentioned by Mr Plodd. CH says it doesn’t exist.
Looking at M&D Jordan Ltd CH list a one man band car dealer in Hertfordshire, minimal assets. Milk float spotted this.
Looking at the various photos , none are at the same location, street shots.
Caveat Emptor.
I suggest no chance of a successful CRA 2015
Probably cash only
Can you prove secure good legal title at point of sale?

As Buckman said Run a mile away!

 

[Kenno]

Website was only registered last year

bcglobal-logistics.com whois lookup - who.is

bcglobal-logistics.com whois lookup information.

who.is

Expires On
2024-09-07
Registered On
2023-09-07
Updated On
2023-12-19

 

[Buckman]

There’s an implicit inuendo creeping into the posts regarding brokerages. To help understanding how they work for seller and buyer here is a link to one of the leading MH brokerages.

What is a Motorhome Broker and why should I choose one?

Think of a motorhome broker as an estate agent for motorhomes. Our role is to bring motorhome buyers and sellers together, negotiate the deal and manage the sale. Making you sell or buy with confidence.

www.motorhomedepot.com

However a consumer may think that they are buying from a business and not an individual. When there is an issue they are not covered under CRA 2015 and lose out.

 

[otherclive]

However a consumer may think that they are buying from a business and not an individual. When there is an issue they are not covered under CRA 2015 and lose out.

I was just making the point that there are genuine, well established brokers in business. But as ever it’s caveat emptor.

Perhaps your contacts in Which might give advice on buying via an established brokerage wrt CRA 2915

 

[Buckman]

I was just making the point that there are genuine, well established brokers in business. But as ever it’s caveat emptor.

Perhaps your contacts in Which might give advice on buying via an established brokerage wrt CRA 2915

Never heard of CRA 2915. Is this some sort of new legislation for brokers?

 

[otherclive]

Never heard of CRA 2915. Is this some sort of new legislation for brokers?

I was hoping for something helpful given your links into Which Legal Serviced. But just picking up a typo isn’t what I was anticipating. Stones and glass houses!!

 

[Buckman]

I was hoping for something helpful given your links into Which Legal Serviced. But just picking up a typo isn’t what I was anticipating. Stones and glass houses!!

I thought you were having a light hearted dig at me. I don't have an issue with a broker so probably not a question I can ask, but it seems unlikely that a broker is affected by CRA 2015 as they acting as an intermediary? The contract will still be between the supplier and the buyer and in this case the supplier is a private individual who has been introduced to the buyer via a broker.

 

[otherclive]

I thought you were having a light hearted dig at me. I don't have an issue with a broker so probably not a question I can ask, but it seems unlikely that a broker is affected by CRA 2015 as they acting as an intermediary? The contract will still be between the supplier and the buyer and in this case the supplier is a private individual who has been introduced to the buyer via a broker.

My thoughts exactly.

 

[Raywood]

I didn’t consider legality to be the issue, more that the seller did not appear to have storage for the MHs or any sign of workshop and service facilities. There was a view it could be a broker , which isn’t uncommon for motorhome sales or even boats. That being the case there is nothing wrong buying via a broker providing the Buyer is aware and covers their position. A broker can offer a warranty on a preowned vehicle just like I can go out and buy one for one of my cars. It’s an insurance backed breakdown, defect policy. But again the Buyer needs to check the policy schedule. Established dealerships often give such “warranty” via an insurance policy. Had one on my last caravan.

My problem with brokers is that they have the legal right to sell your item and you then have to rely on them to pay you. In the event of a problem they owe you the money and the purchaser has the legal right to the caravan. Several times dishonest firms have sprung up causing sellers serious financial problems. It is hard on any honest start ups, but I think you can only safely use brokers if they have a long and good track record.
Given there were 84 motor homes and caravans on the web site, that is a number far too high for a start up I would have thought.
The CRA is only useful if the business is solvent and that is the problem with using it.

 

[Buckman]

Although an agent may arrange the transaction, they are not usually responsible to you (as the third party) for the contract as long as they act within the scope of the agency arrangement they have with the principal. It is the principal and the third party who have entered into the contract; they have legal rights and responsibilities to each other, as set out in the terms and conditions of that contract.

 

[ProfJohnL]

I believe that a "broker" could be implicated in a CRA claim as they provide a service and have a duty to act honestly, and failure to describe the goods accurately, or any other dishonest activity which compromises the safe completion of a deal they have brokered is a failure.

 

[otherclive]

I believe that a "broker" could be implicated in a CRA claim as they provide a service and have a duty to act honestly, and failure to describe the goods accurately, or any other dishonest activity which compromises the safe completion of a deal they have brokered is a failure.

But it’s the Seller that acquires the service not the Buyer. So how would CRA2015 apply. Common civil law may be applicable but that’s a different process cf CRA2015.
Have you found anything to support your comments?

 

[RogerL]

But it’s the Seller that acquires the service not the Buyer. So how would CRA2015 apply. Common civil law may be applicable but that’s a different process cf CRA2015.
Have you found anything to support your comments?

Isn't there a question whether the broker is acting as the agent of the buyer or agent of the seller? The contract detail should specify.

 

[Buckman]

Isn't there a question whether the broker is acting as the agent of the buyer or agent of the seller? The contract detail should specify.

Unlikely as the buyer could be paying the seller directly and the seller pays the commission to the broker. The other scenario is that the broker accepts the money, takes his commission and gives the balance to the seller who is probably an individual. There is no contract between the buyer and the broker or agent.

 

[otherclive]

Isn't there a question whether the broker is acting as the agent of the buyer or agent of the seller? The contract detail should specify.

If you read Motorhome Depot write ups they are facilitating a sale on behalf of the Seller. In effect a private sale. I see them as akin to an estate agent although CRA 2015 doesn’t apply to house sales…….pity.

 

[Raywood]

There is no decided case on this that I have seen, so there has to be some doubt, but I would go along with otherclive.

 

[ProfJohnL]

But it’s the Seller that acquires the service not the Buyer. So how would CRA2015 apply. Common civil law may be applicable but that’s a different process cf CRA2015.
Have you found anything to support your comments?

I can't be bothered to find out, as I'm unlikely to be using a broker.

But there in an inherent contract between a broker and a buyer, if the broker is purveying information about the product being sold. As a broker, the law would see them as having an expertise about the selling process (as its a service they provide to both the seller AND buyer) and thus there is an inherent responsibility to be honest about the information they purvey. If they handle any of the negotiation or the funds they are implicated.

 

[otherclive]

I can't be bothered to find out, as I'm unlikely to be using a broker.

But there in an inherent contract between a broker and a buyer, if the broker is purveying information about the product being sold. As a broker, the law would see them as having an expertise about the selling process (as its a service they provide to both the seller AND buyer) and thus there is an inherent responsibility to be honest about the information they purvey. If they handle any of the negotiation or the funds they are implicated.

I don’t disagree with your statement but it doesn’t seem to me to be applicable to CRA2015

 

[Buckman]

I can't be bothered to find out, as I'm unlikely to be using a broker.

But there in an inherent contract between a broker and a buyer, if the broker is purveying information about the product being sold. As a broker, the law would see them as having an expertise about the selling process (as its a service they provide to both the seller AND buyer) and thus there is an inherent responsibility to be honest about the information they purvey. If they handle any of the negotiation or the funds they are implicated.

However the broker is not the one selling the product. The broker is only an agent introducing the buyer and the seller.

 

[ProfJohnL]

If the Broker is introducing a seller and buyer they are offering a service on which the sale depends, and thus they are part of the process and must carry some liability for how they present the information and sales information.
With regards the charges they may make, in many cases both the seller and the buyer may be charged individually for their services.

I will not be debating this specific point further in this thread.

 

[Buckman]

If the Broker is introducing a seller and buyer they are offering a service on which the sale depends, and thus they are part of the process and must carry some liability for how they present the information and sales information.
With regards the charges they may make, in many cases both the seller and the buyer may be charged individually for their services.

I will not be debating this specific point further in this thread.

I am not sure how any liability can be imposed on a broker as they are acting in good faith?

 

[Raywood]

If the Broker is introducing a seller and buyer they are offering a service on which the sale depends, and thus they are part of the process and must carry some liability for how they present the information and sales information.
With regards the charges they may make, in many cases both the seller and the buyer may be charged individually for their services.

I will not be debating this specific point further in this thread.

This is correct. A lot depends on just what the service is, but basically the knowledge of the agent is the key point. If the agent gives incorrect information when he knows or should know it is incorrect or does not know the answer then that agent may be liable if it causes a loss. If an agent does not know the answer then they have to say that and either the buyer accepts that or the agent finds it for them. The agent will be taking commission from someone so has a responsibility to act in an honest manner.
A broker may not always act in good faith, so if they fail then that could leave them open to a claim.

 

[Johnb]

Err! Why doesn't someone contact the - whatever "it" or "he/she" is - and refer "them" to this forum and specifically this thread.

I've no idea if this, lets say "person" is genuine and it seems nor does anyone else!

If it was me I would be rather dismayed to find serious doubts expressed regarding my business - you know, the thing I do to earn my crust to feed my family - and would welcome a chance to respond.

Perhaps no reply could be seen as a warning and a full reply a genuine reassurance.

Well meaning conjecture is not always helpful.

 

[Richard Avensis]

You can run a check with Companies House to see if it is a genuine registered business.

 

[Hutch]

You can run a check with Companies House to see if it is a genuine registered business.

It is a genuine business, but does not seem to have a business yard or premises to be able to view caravans of motorhomes that they are displaying on their website.