i have privately sold a caravan it was sold with no guarantee's the buyers were informed that we had ownly owned it for a short period of time and although everything looks and works fine we couldnt be 100% sure of its condition, basically we bought it to use but have since buying it have had no choice but to move house so therefore needed the cash tied up in it so reluctantly advertised it.
the buyers were made fully aware that it had not been serviced since we owned it, they came and looked at it liked it negiotiated £100 off the asking price and took it away.
today a week on i receive numerous late night phonecalls from them requesting a refund as they have had it serviced and are not happy with the outcome, threatening legal action.
i am not prepared to refund it was sold as seen as far as im concerned they knew it had not been serviced they chose to buy it we did not force them to, there wasnt even a receipt given and they short changed us by £60 but where do i stand legally
2007-03-09 09:01:32 · 11 answers · asked by stephen w 1 in Politics & Government ➔ Law & Ethics
Legally, To sell an item as seen is not a guarantee that the purchaser is not entitled to claim his/her money back. It will not stand up in court. Morally, if the purchaser negotiated a cut price, and then shortchanged you by £60, they are the culprits here. The fact that they are harassing you with late night calls is also a plus in your favour. Report them to the police, and be sure you give an account of the transaction. Have a witness or two ready to back up your claim. Do not tell the purchasers you will report them. Leave it to the law.
2007-03-09 09:12:35 · answer #1 · answered by breedgemh_101 5 · 0⤊ 0⤋
UK
You sold the goods with no guarantee and they knew that. They have no contract with you and no case against you. It is a case of buyer beware when purchases are made from private individuals.
If you were a dealer, the story would be very different with the seller being responsible for selling a commodity not of merchantable quality.
2007-03-09 09:09:03 · answer #2 · answered by MANCHESTER UK 5 · 0⤊ 1⤋
You told them all the history of the caravan, so they were aware of any problems. They cannot win a case against you. Consumer direct are the experts on consumer issues or trading standards. Ignore the phonecalls but make sure you log them in case you want to prosecute them for harrassment.
2007-03-10 00:48:50 · answer #3 · answered by daria 3 · 0⤊ 0⤋
Hi Stephen,
I cannot see a case to answer here. It was a private sale, sold as seen. As mentioned previously, caveat emptor prevails. Buyer beware!
2007-03-09 20:46:00 · answer #4 · answered by LYN W 5 · 0⤊ 0⤋
I think any court would say "caveat emptor" ie. buyer beware as everyone is pointing out. Don't answer the phone after 9 o/c. Can't see they've a leg to stand on.
2007-03-09 09:17:25 · answer #5 · answered by Anonymous · 0⤊ 0⤋
As far as I know anything sold privately is 'sold as seen' or as they say 'let the buyer beware' I don't think you have anything to worry about
2007-03-09 09:08:19 · answer #6 · answered by barn owl 5 · 0⤊ 1⤋
As far as I know they have no rights. Items sold privately do not come under the sale of goods act.
Call their bluff, it would cost them to go to the small claims court, even then the court cannot enforce payment.
2007-03-09 09:07:54 · answer #7 · answered by Anonymous · 0⤊ 1⤋
They have no legal stance.
Remind them of the 'Buyer Beware' section in law.
It basically means what it says...there is nothing they can do!!!
2007-03-09 09:07:07 · answer #8 · answered by Amanda 6 · 0⤊ 0⤋
If it was bought as seen,cannot see they have any claim on returning the caravan..
2007-03-09 09:07:12 · answer #9 · answered by yaboo 4 · 0⤊ 0⤋
sold as seen they have bought what they have seen you have indemnified yourselves as long as you told them sold as seen! as long as there was no major defects and it was fit for the purpose of what it was made
a verbal agreement can be a binding seems that you are legally sound
2007-03-09 10:12:27 · answer #10 · answered by susan will of the wisp 4 · 0⤊ 1⤋