we have recently purchased a 2nd hand caravan from private seller in the loot. advert says NEW AWNING included. we took the van out this weekend for a test run, set the van up all was working well. we then took the awning out of the box ( which was sealed by glossips caravans,where the previous owners purchased the van from)we knew then it wasnt new. we then tried to put the awning up. arrgh!!!! we are by no means novices but the poles just didnt seam to fit,we took it to a bradcot dealer who says you can no longer get the frame for this awning. to cut a very long story short we had to purchase a new awning, ANYONE any thoughts on this?
WHERE do we stand !!!!
- Thread starter TheSimpsons1
- Start date
Damian
Moderator
Craig, in legal terms you have little course for manoeuvre, as the advert states "Awning Included" and not as a paid for extra. as for the New part, it may well have been new to the previous owners, and if you had to break the seal to get it out of the box, then it woul dseem, on the surface, to be a not misleading statement.
As with most items bought from private sellers, it is a case of "Buyer Beware"as there are very few options for recourse.
In hindsight, you should have asked to see the awning put up, but hindsight is a wonderful thing.
As with most items bought from private sellers, it is a case of "Buyer Beware"as there are very few options for recourse.
In hindsight, you should have asked to see the awning put up, but hindsight is a wonderful thing.
Hello Craig,
Damien has given what seems to be good advice if it was a genuine private sale.
However two points come to mind.
Firstly, if you believe or have evidence that the seller was deliberatley trying to misslead you with regard to the status of the awning as being "new" then you cold possibly have a case fraud.
Secondly, a private sale is only private if the seller is not involved in the business of buying or selling of goods similar or related to the item subject of the sale.
If the seller had any other caravans/caravan equiepment that were for sale by way of a business, either at his home or at his place business, he/she could be deemed to be a trader/dealer. As a dealer/trader they cannot negate the sale of goods act and its implications for the protection of customers.
Both these points are very serious and you must seek profesional legal advice before proceding any further.
Damien has given what seems to be good advice if it was a genuine private sale.
However two points come to mind.
Firstly, if you believe or have evidence that the seller was deliberatley trying to misslead you with regard to the status of the awning as being "new" then you cold possibly have a case fraud.
Secondly, a private sale is only private if the seller is not involved in the business of buying or selling of goods similar or related to the item subject of the sale.
If the seller had any other caravans/caravan equiepment that were for sale by way of a business, either at his home or at his place business, he/she could be deemed to be a trader/dealer. As a dealer/trader they cannot negate the sale of goods act and its implications for the protection of customers.
Both these points are very serious and you must seek profesional legal advice before proceding any further.
Craig, I would contact the person who sold you the caravan & awning and ask why the awning isnt a new one as advertised. You could , if you wanted to, say that your going to seek advice from the Trading Standards people and keep the advert as proof.
Hello Daventura,
If as Damien says it was a 'private sale' then Trading Standards have little or no influence because in UK law "Buyer Beware" or 'caveat emptor' applies.
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