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Rejecting a motorhome, legal points. - beesmad

We bought a new motorhome in September 2013. In December the manufacturer ( or converter to be precise) visited us to correct a safety issue as part of a recall and noted in writing that we have up to 25% damp in places.

The vehicle was taken to the dealer who informed me that a roof joint had been poorly sealed by ther converter and allowed water ingress. The dealer said they resealed it and any residual damp would dry out in time.

After a few weeks I tested for damp, was unhappy and asked the dealer for a full damp check and to give me sight of the results. This they did not do, merely testing a few random areas in my presence to satisfy me.

A few weeks ago I re-tested and found much higher levels of damp and had an independent survey done yesterday which showed greatly increased levels of damp in the ceiling/roof area, 55% to be exact which indicates the possibility of major structural damage. The engineer also advised verbally that the repair was only partial and inneffective.

I have had correspondence with the dealer and converter, the dealer obviously wishes to perform their own test in my presence.

I have had some legal advice which unsurprisingly is contradictory. My question is, since the motorhome was delivered to me in an unsatisfactory state and any repair by the converter would require major deconstruction of the motorhome have I a case for rejection?

Thanks for reading this long first post!

Rejecting a motorhome, legal points. - RT

Firstly, all your Sales of Goods Act (SoGA) rights are against the selling dealer - not any dealer who's serviced it, nor the converter or the base vehicle manufacturer. The two latter may offer warranty but that never replaces your SoGA rights against the seller.

As the "water ingress" was originally found within 6 months of purchase, SoGA places the burden of proof that no manufacturing fault existed on the seller but you must give the seller the opportunity to inspect/test the vehicle.

You then need to discuss rejection and refund with the selling dealer. As a motorhome would well exceed the £10,000 limit at the Small Claims Court you'd need to take professional legal advice if you can't agree with the selling dealer.

Rejecting a motorhome, legal points. - beesmad

Thanks for the reply RT.

The point you raise about the burden of proof is very welcome as I was concerned that taking final action 11 months down the line may jeopardise this.

I fully understand that my contractual relationship is with the selling dealer, they will have the motorhome for their damp inspection next week and have agreed to me being present.

That is the point at which I will reject the vehicle and not allow then to keep it to send to the converter/manufacturer. I take your point about legal representation, I will be instructing next week. As I have legal costs through my house insurance for up to £50,000 I'll be using them.

Edited by beesmad on 14/08/2014 at 22:51

Rejecting a motorhome, legal points. - ssparks2003

How did you pay for the vehicle, if you are buying it on finance your first point of call is with the finance company.

Rejecting a motorhome, legal points. - beesmad

The total cost was £41,000. Some came from a p/ex, the deposit of £2000 was credit card and the balance was paid by debit card.

As the total is over £30,000 I don't think we can involve the credit card company.