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Sold motorhome now buyer trying to return it what are my rights

25 replies

Luciv · 31/01/2025 20:18

Sold motorhome buyer trying to return it after damaging
0 replies

Luciv · Today 20:12
Hi
so I sold my motorhome last weekend it was in perfect working order, the couple were old and could not drive it they really struggled with the clutch and gears it being a 30yr old truck , I even had to get it off my drive for him gave him the option to refund him before he drove off.
we did sold as seen he was happy with it then decided 2hrs driving it that it wasn’t right (not true realised he couldn’t drive it)
he’s harassed me sent me a money claim invoice that’s not even signed by the courts demanding money (fraud paperwork). If it’s damaged at all then he’s caused it.

OP posts:
gamerchick · 31/01/2025 20:20

Block him. You're not a shop.

MumChp · 31/01/2025 20:21

No. His problem not yours as a private seller.

Bannedontherun · 31/01/2025 20:23

As this was a private sale he has no come back

when you say you offered him a refund what do you mean?
.

Luciv · 31/01/2025 20:23

Thank you , I did block him now he’s sending money claim letters to my house crazy 😩

OP posts:
Bannedontherun · 31/01/2025 20:25

Dis you offer him a refund because you had to drive it of your drive?

Newuser75 · 31/01/2025 20:25

What damage have they done to it?

MrsTerryPratchett · 31/01/2025 20:25

gave him the option to refund him before he drove off.

Was this offer time-limited?

we did sold as seen

Luciv · 31/01/2025 20:27

Bannedontherun · 31/01/2025 20:23

As this was a private sale he has no come back

when you say you offered him a refund what do you mean?
.

Sorry I’m new to this site do not very good at quoting , well he stalled it 3x before setting off I had to move it off my drive for him , he said he thought there was a problem with the clutch I laughed and said no there isn’t you just can’t drive it ,I said look if it’s not for you then and there I was prepared to give him his money back but he said no and took it , 2hrs later after driving it decided wanted to fetch it back and obviously at this point I said no

OP posts:
Bannedontherun · 31/01/2025 20:30

In that case he has no come back as you are a private seller, as long as you made no promises or representations that were not true.

he has changed his mind so just to bad.

He could possibly lodge a small claims application so just ignore for now.

Sunshin80 · 31/01/2025 20:31

Have previously had this scenario before. Would not even entertain the chap. Sold as seen. Civil matter job done. Block their number and forget about it, any more harassment then call the police x

Luciv · 31/01/2025 20:32

I’d be prepared to stand up in court and say it was in perfect working order when leaving , I don’t even think there is anything wrong with it he just couldn’t drive it it was painful to watch

thank you

OP posts:
MrsTerryPratchett · 31/01/2025 20:33

Luciv · 31/01/2025 20:32

I’d be prepared to stand up in court and say it was in perfect working order when leaving , I don’t even think there is anything wrong with it he just couldn’t drive it it was painful to watch

thank you

You don't have to. Caveat emptor.

Newuser75 · 31/01/2025 20:36

If it's just that they have changed their mind then no you dont have to refund.
However, id almost be tempted to just take it back to avoid the hassle . But only if you feel you could sell it on easily enough.

You certainly don't need to though. Sold as seen is just that.

vandel · 31/01/2025 20:37

Can't they sell it on?

prh47bridge · 31/01/2025 21:16

Luciv · 31/01/2025 20:32

I’d be prepared to stand up in court and say it was in perfect working order when leaving , I don’t even think there is anything wrong with it he just couldn’t drive it it was painful to watch

thank you

Provided it matches any description you gave, you are in the clear.

If the buyer sends court papers, do not ignore them. File a defence saying it was a private sale and that you did not say anything about the condition of the vehicle (assuming that is true).

Bromptotoo · 01/02/2025 08:33

Unless you're a trader it's a private sale so no comeback.

Politely advise him it's not your problem and block him.

If you want to be helpful see if Motorway or We Buy any Car would offer a price. Or sign him to the Caravan and Motorhome Club who have forums etc where he can get advice as to how to get shut of it.

Costcolover · 01/02/2025 15:45

It sounds like it was on its last legs if it was 30yrs old! I expect there probably was a fault with the clutch and you're just trying to get rid of it.

As for rights, it's not quite as PP are saying. The Consumer Rights Act was changed in 2018 and for vehicles, they must be roadworthy unless specifically described as non-roadworthy.
Also, any item sold, vehicle or otherwise, must be absolutely as described, right down to minor details such as colours, year of manufacture (if mentioned in listing), all of it - must be 100% accurate otherwise the buyer can claim even if that's not their actual issue.

prh47bridge · 01/02/2025 19:02

The Consumer Rights Act was not changed in 2018 in the way described by the previous poster. It is, however, a criminal offence to sell a vehicle that is not roadworthy. This has been the case since 1988. A vehicle is unroadworthy if using it on the roads would be unlawful by virtue of regulations made under the Road Traffic Act 1988, or it is in such a condition that its use involves a danger of injury. A fault with the clutch would not normally render a vehicle unroadworthy within the meaning of the legislation.

Whilst a vehicle must be as described, sellers are not required to disclose information. The courts are not interested in trivial discrepancies. And if the buyer has inspected the car and should have spotted the discrepancy, they cannot demand a refund on the basis of that discrepancy.

Bromptotoo · 02/02/2025 09:29

Costcolover · 01/02/2025 15:45

It sounds like it was on its last legs if it was 30yrs old! I expect there probably was a fault with the clutch and you're just trying to get rid of it.

As for rights, it's not quite as PP are saying. The Consumer Rights Act was changed in 2018 and for vehicles, they must be roadworthy unless specifically described as non-roadworthy.
Also, any item sold, vehicle or otherwise, must be absolutely as described, right down to minor details such as colours, year of manufacture (if mentioned in listing), all of it - must be 100% accurate otherwise the buyer can claim even if that's not their actual issue.

As somebody who spends their time on Caravan and Motorhome clubs I can tell you the Motorhomes with plates way before 2020 are pretty common. They also command surprisingly high prices at sale.

Commercial vehicles are designed for hard work and if looked after will go on for a very long time. Look how many VW Combis you still see.

IkeaJesusChrist · 02/02/2025 09:33

They can pound sand, as long as you didn't lie about the vehicle they have no comeback.

HowardTJMoon · 02/02/2025 09:47

There is a common scam where someone will buy a similar vehicle to one they already own, swap out the broken bits on their vehicle for working bits off the one they just bought, and then try to return it. And/or try to pressure you to give them a sizeable chunk of money back.

I'm not saying that's what is happening here, but to illustrate that once it's left your sight you have no idea what they've done to it. Tell them (politely) to get stuffed.

RatedDoingMagic · 02/02/2025 09:52

You have no further obligations to him, it is his property now and if he doesn't want it he is quite at liberty to sell it to someone who does (not you)

Has the log book registration into his name gone through? You may need to notify DVLA that it is no longer in your possession.

Buying privately comes with zero "customer rights" as he isn't customer because you aren't a business. That is his problem not yours.

2025ohdear · 02/02/2025 09:53

IkeaJesusChrist · 02/02/2025 09:33

They can pound sand, as long as you didn't lie about the vehicle they have no comeback.

Edited

Sand?

DalzielOrNoDalzielAndDontPascoe · 02/02/2025 09:55

Bromptotoo · 02/02/2025 09:29

As somebody who spends their time on Caravan and Motorhome clubs I can tell you the Motorhomes with plates way before 2020 are pretty common. They also command surprisingly high prices at sale.

Commercial vehicles are designed for hard work and if looked after will go on for a very long time. Look how many VW Combis you still see.

Yes, people hear the age and assume that it must be ready for the scrapper; but a motor home is not like a car that might be driven daily, with countless start-stops in built-up traffic, and cover 10-20,000 miles in a year.

Even a 30yo motorhome might have only done 2,000 miles each year, so although it won't be the very latest engine or auto tech, it can still drive exceptionally well and have loads of life left in it.

TammyJones · 02/02/2025 10:05

@Luciv

Sorry I’m new to this site do not very good at quoting , well he stalled it 3x before setting off I had to move it off my drive for him , he said he thought there was a problem with the clutch I laughed and said no there isn’t you just can’t drive it ,I said look if it’s not for you then and there I was prepared to give him his money back but he said no and took it , 2hrs later after driving it decided wanted to fetch it back and obviously at this point I said no

#######
We had this with a motor bike.
Brought to view it by adult son.
We were a bit Hmm... when this frail old Chap said yes and proceeded to drive it off - wobbling all the way. ..
A day or so after, they asked if we'd buy it back , as his wife didn't want him to have as he couldn't drive it ( well we knew that)
We felt bad but told them to list ( it would easily sell again ) .... but No - it was sold as seen .... and he had viewed it twice.

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