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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22553
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I would like to know what our rights are on a brand new

Customer Question

Hi I would like to know what our rights are on a brand new caravan that leaked. We are worried about the long term effects of the leaking. Do we have the right to ask for a replacement?
Submitted: 1 year ago.
Category: New Zealand Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
The caravan was purchased 3 July and the leaks noticed on the 8th August. Water leaking from the roof through on to several cupboards, the carpet was saturated and had to be lifted and water was seeping through one of the light fittings.They have apparently fixed the problem? We are really concerned about the long term effects of this.
Expert:  Chris The Lawyer replied 1 year ago.

Under the Consumer Guarantees Act you have strong rights in this situation. If this was a major defect then you are entitled to return the caravan ask for a refund. If however it is something which can be easily repaired, then you are entitled to have correctly repaired. The issue of whether there is a long-term problem is something that will give rise to your right to return the caravan and ask for a replacement. I suggest in the circumstances that you get someone independent with expertise, such as a builder someone specialises in caravan repairs, to look at the caravan to see if there is a major problem. If it has been correctly repaired then although the seller has to pay for all costs of repair, then you would not be entitled to a replacement. If there are more fundamental problems, then you could insist on replacement. However there is no reason why you cannot ask the seller for a replacement saying that you have lost faith in the caravan being fit for purpose. You should certainly ask and see what they say. If you would still like a phone call after reading this answer please let me know.

Customer: replied 1 year ago.
Thank you for your reply. I would still like a phone call if possible please.
XXXX Tania
Expert:  Chris The Lawyer replied 1 year ago.

Offer sent

Customer: replied 1 year ago.
Hi Chris I have paid $45 is this an additional $75 fee?
Expert:  Chris The Lawyer replied 1 year ago.

Yes, it is additional service, an extra from the first fee

Expert:  Chris The Lawyer replied 1 year ago.

But you can ask further questions here if you prefer which comes under the first payment

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