Caravan Liability: Get Legal Advice


Questioner

We have a 7-year-old Burstner caravan, and a construction defect has been discovered in our floor. We've contacted the supplier, but they won't fully reimburse the repair costs. They want to replace the entire floor panel, but as a gesture of goodwill, we'll have to pay an additional €1,500 for the repairs, plus we'll have to pay for the transport to Germany. They also claim we're out of warranty because we had two moisture tests done instead of five. However, this concerns a construction defect in the floor. We've since taken the caravan elsewhere to have the damage assessed. A claims adjuster from our insurance company was present, and they also confirmed it was a construction defect. The floor can be repaired by injecting two-component resin, which would cost €1,322. Unfortunately, a construction defect isn't covered by our caravan insurance. The insurance company now insists we hold the supplier liable, but they're not exactly accommodating. After a second opinion, it turns out the floor can be repaired more cheaply. Can we still hold the caravan supplier liable for the full costs of the repair?

Questioner

Yes, if there is a construction defect that can be repaired, the supplier must do so without you having to pay extra unless—but that's apparently not the case—you would benefit from the repair. I assume the insurance adjuster has also prepared a report. You can send this along with a letter to the supplier. You can also seek legal assistance. If your income is less than €25,200 if you are single or €35,600 if you live with a partner, you may be eligible for legal aid. In that case, I advise you to contact the legal aid office in your region. If your income is higher, you can contact one of the lawyers on this site directly, for example, via the "direct contact" link that you will see with this answer if you are logged in.

Questioner

I think this is a very good answer. We have indeed already contacted the supplier and are waiting for the expert's report. We will send it to the supplier, and they will review it again. If we still can't reach an agreement, we can always take further legal action.

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