Caravan sold via Marktplaats: am I obliged to accept liability for damages?

Questioner

We sold our caravan via Marktplaats. Now we receive a message from the buyers that there is €1000 damage to the caravan. According to them there is moisture damage behind the foil. The wood behind the foil is no longer firm and must be replaced. When we bought it, Mrs. thoroughly inspected the caravan and asked me about the “folded” foil. I indicated that we had never had water damage and that the foil shrinks and expands with heat. We properly reported the damage that we were aware of. (Refrigerator button, replaced the roof window ourselves and old tires). Furthermore, we acted honestly. Am I obliged to take responsibility for the damage?

Lawyer

No, the buyer could have done better research himself when buying an old second-hand caravan. The buyer must prove that you deliberately withheld the information. Of course, you can also try to work it out together, more out of goodwill. What was the price?

Questioner

The caravan is over 30 years old and has been in our possession for 4 years. According to the buyer, a recognized Bovag company says that we should have known about the leak because it was sealed. We have never sealed anything and have not had any leaks. Perhaps the previous owner. We sold the caravan for €2500. Including awning, two canopies and all kinds of extra storm poles.

Lawyer

Yes, well, indeed the previous seller may have put up with it and then you ultimately appeal to mutual error regarding the defect. That is what I think could follow at most, the division of the damage in proportion. At least nothing. That should be your starting point because it is an old caravan and you can expect these kinds of defects. There is a duty to investigate. I could legally build up the claim for damages for you in such a way that you initially have nothing to pay.

Questioner

I am glad that we are not obliged to do anything. I have had a stomach ache for a few days. Especially since we knew nothing about the “defect”. I have not yet had any questions from the buyer about paying anything back, but I wanted to be prepared. I will now send them a polite message that we knew nothing about it and that we have requested information about whether we are responsible for this. If they are satisfied with this, then it is over. If they still want money, it seems reasonable to me to pay, for example, 1/3 of a maximum of €1000 after showing the invoice. I still find it very annoying. Am I handling it properly in this way?

Lawyer

Yes, certainly, but wait and see how the claim is shaped. If the buyer engages a legal expenses insurer, you can also have a first letter legally drawn up yourself so that the story on your side can also hold up longer. In that case, contact me?