What do you think (1 Viewer)

[BuilderBob]

Here's a thought for you, I recently sold a motorhome, I attended to all the faults that I was aware of including two advisories at the MOT.

The new owner made contact to say that he had found rotten wood underneath, an area of damp and a leaking rooflight, none of which I was aware of,

He asked if I'd take the van back, I declined.

He has since had the repairs carried out and the bill came to £450 (so the work can't have been too major)

He's asking me to pay for it.

Before I reply to him, I'd be interested to hear your comments.

 

[The general]

Was there a bill of sale ?

 

[BuilderBob]

It was a private sale, I gave him a receipt simply confirming the date, and price

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[Andy1954]

Did you give any guarantees, was sold as seen

 

[TDub49]

Much depends on the status of the sale - if you are a dealer, then consumer protection law applies. If it was a private sale then the onus is on the purchaser to have made sure he knew what he was buying. Personally, I would be looking at seeing if I could come to some arrangement with the buyer to help offset the additional expenditure that neither of you anticipated. This link helps explain the legal position https://www.inbrief.co.uk/consumer-law/non-professional-and-private-sales/

 

[John Barrett]

Perhaps for future reference, but I always put 'As seen and approved' on the receipt, that way you are protected.
John

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[joe and sue]

Was it a private sale, "Sold as Seen"
Photographic evidence
Full report of problem,

Just a thought

 

[BuilderBob]

As I said previously, private sale, no guarantee offered, I take your point chaps, that 'sold as seen' is a useful addition to the receipt.

 

[bobnick]

Tell him to do one.
Alway's add sold as seen.

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[Peskyrabbitt]

I always sell a vehicle with a receipt stating that the new buyer has looked over and agreed / happy with said vehicle and all know faults have been rectified or pointed out to buyer. print 2 copies one for buyer and for seller, signed and dated on both. There are plenty of templates for vehicle sales online, and I believe there may be one for motorhomes on here. Whether or not the buyer of your motorhome has any comeback is one for the legal eagles on here.
Just found one on here- https://www.motorhomefun.co.uk/forum/resources/motorhome-buyers-and-sellers-contract.312/

 

[simsy56]

Always put 'sold as seen, tried and tested by them' for future reference.

Did you go and see the 'problems' after he found them?

Craig

 

[berni109]

Depends what u made on the deal and what % £450 represents plus how desperate your personal circumstances are.
If it were me I think I might offer £250 without accepting any liability and after seeing a photo of the wood repair.

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[Gellyneck]

Guess the question would be "how much hassle is he going to give you by email, etc".
Whilst I would say it's the buyers problem might you want to come to some sort of agreement with him? Does he have photos \ proof of the issues and if so offer a couple of hundred pounds contribution as full and final settlement for this and any future that may come to light (not saying there will be but....).
Boils down to how much do you trust him, like him, etc and if it's worth a couple of hundred pounds to put this issue to bed and move on.

 

[Rjcamper]

I always put the following when I have sold a car:

Sold as seen, tried tested and approve. No Warranty implied or given

and get a copy signed for me and a copy signed for the buyer

But, I wouldn't pay the £450 or offer anything and see what develops

 

[Ingwe]

Our host Jim has put up a useful Bill of Sale (with all the caveats about not being a lawyer etc). I am a lawyer and it's pretty good. I'd urge any private seller to find, download and use the form.

P.s. I think Peskyrabbitt at #10 above has provided the link.
P.p.s. I must read the whole thread.

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[monzer]

Did you honestly not know about the damp? No hab checks? If not then I think you can sleep easy. If you did then you will have to square that away with yourself. Buyer should really have asked for a hab check though.

 

[Janine]

A lot of hindsight here!

I would say that, if the problem wasn't obvious to the buyer when he bought it from you, it wouldn't have been obvious to you either.

 

[Jim]

This is what I use. If you are a subscriber you can click on it and download it in MS Word format ready to put your details in

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[BuilderBob]

He is a genine sort of guy, He's offering to show me invoices, photographs and contact the company that carried out the work so I have little doubt that he is telling the truth.
Having said that, it's a private sale, caveat emptor applies, he viewed the van in the dark whilst it was raining.
So I could stick two fingers up and say 'on yer bike'
Like everyone else, I have bought many things in the past that needed money speeding on them after I had bought them

However, I think I'm with Bernie109 on this, I made good money selling it and I have to live with myself, so an ex gratia payment of £250 will make the issue go away and if we meet on a campsite sometime time the future, we can do so without fighting!

 

[BuilderBob]

I like that contract Jim, whilst I don't plan selling another for a few years, I'll file a copy in the current motorhome file for when I do.

 

[Jim]

He is a genine sort of guy, He's offering to show me invoices, photographs and contact the company that carried out the work so I have little doubt that he is telling the truth.
Having said that, it's a private sale, caveat emptor applies, he viewed the van in the dark whilst it was raining.
So I could stick two fingers up and say 'on yer bike'
Like everyone else, I have bought many things in the past that needed money speeding on them after I had bought them

However, I think I'm with Bernie109 on this, I made good money selling it and I have to live with myself, so an ex gratia payment of £250 will make the issue go away and if we meet on a campsite sometime time the future, we can do so without fighting!

I wouldn't entertain his claim.

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[Lenny HB]

The only time you are liable on a private sale is if you knowingly declare a serious fault that you were aware of.

As you made good money on the sale I would agree with your decision but I would ask him to bring the van over for you to have a look and have a look at the invoice for the work. It will show you are not a soft touch in case he comes back with other problems.

 

[Ingwe]

He is a genine sort of guy, He's offering to show me invoices, photographs and contact the company that carried out the work so I have little doubt that he is telling the truth.
Having said that, it's a private sale, caveat emptor applies, he viewed the van in the dark whilst it was raining.
So I could stick two fingers up and say 'on yer bike'
Like everyone else, I have bought many things in the past that needed money speeding on them after I had bought them

However, I think I'm with Bernie109 on this, I made good money selling it and I have to live with myself, so an ex gratia payment of £250 will make the issue go away and if we meet on a campsite sometime time the future, we can do so without fighting!

An excellent way to deal with the matter, if I may say so. One thing I'd do, is mark your exchange making the settlement, 'without prejudice' so that if he doesn't accept your offer, and takes you to the county court small claims court, your offer can't be used as an admission or partial admission. Good luck!

 

[Jev88]

Had a car engine blow up three hours after sale. Sold as seen.....

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[Carpmart]

There is a Karma to buying and selling vehicles. If you feel that you have been honourable and correct in your assertion of the vehicles condition, then you could rightly adopt a caveat emptor position. Conversely if the buyer is a decent chap who has genuinely found issues which as the seller you were unaware of, then I would seek to remedy (without acknowledging any liability) with an agreement satisfactory to both parties. This approach avoids the bad Karma...

 

[Lumpy]

I bought our first motorhome a few years back and found out quite quickly that there was damp and rot in one area of the floor and wall due to poorly sealed outer panel, after getting a quote for the repairs I spoke to the person I bought it from (private sale) and asked if he could help out as I had bought the motorhome in good faith and to my surprise he offered to pay half which I accepted. What a nice man.

 

[pappajohn]

Re-arrange these letters..... Ofku ffc

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[Clipgate]

When you have agreed the sale, you should provide the buyer with a car seller’s contract. This is a receipt, signed by both the buyer and the seller, which states that the car was “sold as seen, tried and approved without guarantee”. You can find a template for a car seller’s contract on the AA’s website.

 

[intokenny]

As far as i'm concerned, you have to live with yourself, so do what make's you happiest.