Campervan and Motorhome Dispute

Stormcatcher is a top automotive law firm specialising in new and used motorhome and campervan purchase and sale disputes, and is widely thought of as Britain’s top motor vehicle lawyers. We have an outstanding reputation for understanding technical automotive complexities, analysing the law and delivering a winning strategy.

We have been instructed in a wide variety of cases by both campervan and motorhome dealers as well private individuals involving new and used motorhomes, campervans and campervan conversions across the full spectrum of claim values.

Background

Applying consumer rights law to campervan, motorhome, and caravan purchases, especially second hand vehicles, is challenging and not as straight forward as consumer law solicitors and Citizen’s Advice would have you believe.

Firstly, you are buying a motor vehicle, usually a commercial vehicle or a van which has been converted for habitation from new, or as a bespoke campervan conversion, or a chassis cab on to which effectively a caravan is fixed or built.

As a result, there are a vast number of items which are subject to in service wear and tear, beyond the usual mechanical and electrical parts of a van or truck. Judging which are covered under the consumer rights law and what degree of wear and tear is acceptable is far from easy without expert help from a lawyer specialising in motorhomes and campers.

This is made more difficult with the EU directive which was implemented into English law as the Consumer Right Act, confirming a “consumer is not entitled to have the contract rescinded if the lack of conformity is minor."

Habitation Check

Although a habitation check is not mandatory, it can provide peace of mind to both the buyer and the seller. As the name suggests it is an inspection of the inside, living areas of the motorhome or caravan.

Habitation checks are intended to provide an overall condition report of the water supply system, electrics, gas appliances such as cooker and heating, electrics including the battery, fridge and lighting as well as the kitchen cabinets and soft furnishings. They can also extend to an inspection of the bodywork and importantly, damp.

However, habitation checks can cover a wide scope of areas and are by no means definitive of whether the motorhome or campervan is fault free or fit for purpose.

In general, the cupboards, doors and furniture will be capable of your reasonable inspection and therefore preclude a legal right to reject a motorhome or qualify for a repair.

Motorhome Damp Checks

Damp is amongst the most common complaints. Motorhomes and caravans are built by sandwiching XPS insulation between a waterproof glass-reinforced plastic (GRP) shell or an aluminium exterior shell, and a PVC or plywood interior.

Water can get into the motorhome or camper van via a breached seal around doors, windows, a faulty water supply or skylights for example, or due to damage or a crack in the bodywork.

The problem occurs where the eternal damage has been badly repaired, trapping moisture between the inner and outer skin which in the case of plywood will start to rot it, if not dealt with.

In other cases, the moisture will collect at the bottom of the panel and build up, leading to large areas of damp, mould spots and cold spots, eventually rendering it uninhabitable.

Gas Safety

If you hire out motorhomes or campervans you will need a gas safety check, but not if it is for your private use. Motorhomes use LPG gas, which as you know from your oven and hob is flammable and toxic. Carbon monoxide (CO) is also highly toxic and can be produced if a gas appliance has been incorrectly fitted, badly repaired, or poorly maintained or there is poor or restricted ventilation.

Electrics

Crucially, motorhomes and campervans are intended to be used as temporary accommodation and as a result faulty electrics can render a motorhome not fit for purpose. This can occur in any number of ways including a faulty external electric hook up, a defective leisure battery, faulty printed circuit board (s) (PCB) and of course defective wiring.

In the event electrical appliances stop working it is unlikely that this will give rise to the right to reject a leisure vehicle, but may well lead to the right to a replacement fridge, cooker, microwave etc.

Campervan Conversion

Motorhome and campervan sales have rocketed as more and more people holiday at home or prefer the freedom and self-sufficiency of European road trips. This increased demand has made a significant impact on prices, which have risen, but has had the knock on effect of the growth of  problems and legal disputes.

The expansion in leisure vehicle demand has seen the blooming of firms converting used VW transporter vans, as well as other vans such as Renault Traffic, Citroens, Mercedes Sprinter and Vito vans into campervans.

These vehicles lend themselves to conversion simply as these manufacturers also produce brand new versions, providing valuable templates. It is however a specialist industry with its own special problems, the biggest of which is how we apply the law and your statutory rights to a second-hand vehicle, but a brand new conversion and fit out, which often is bespoke. What happens if the build is substandard, the finish is poor or it just is not fit for purpose?