Camper purchased with defects

Questioner

Hello, On 31-12-2021 we purchased a €34,000 camper from 2009 via motorhomedepot. A camper broker. Their site states that they do a moisture measurement. We have explicitly asked them twice if there are any special details regarding moisture in the camper. No, excellent camper. On 6-1-22 we noticed a damp spot with mould in a cupboard. Cleaned it and discovered on the outside that a sealant seam had to be touched up. On 8-1-22 we were away for a weekend. On 9-1-22 we informed the broker by app that we have a leak. A newspaper in the cupboard is wet and the roof edge inside is also wet. On 13-01-22 we had the camper appraised for the insurance. The appraiser determines moisture damage of €2000. On 14-01-22, the broker was informed by app about this established moisture damage and requested to look for a solution with us. No response has been received to date. Because we bought from a private individual (never met) via a camper broker, we are looking for our rights in this. We feel cheated and incorrectly informed, with a considerable loss for us. In doing so, it should be noted that the sales letter states that, among other things, an extractor hood and spare wheel are present, which is not the case. The purchase contract (signed by us and the broker) also states that a new starter battery will be installed. This has not happened either. In short, we would like your response and advice to us in this. Can we appeal to any (consumer) right?

Lawyer

Even if you buy from a private individual (and consumer law does not apply), the product must meet the expectations that you may have had in the specific case (conformity). The following are important: statements from the seller, the total price, any obligation on your part to investigate and other circumstances. You specifically asked about specific details regarding moisture and there is a missing extractor hood and spare wheel and no new starter battery has been installed. Whether consumer law applies will depend on the circumstances of the case. But even if it does not, there may be sufficient grounds in this situation to speak of non-conformity. In that case, you can usually terminate the agreement/repair must follow (under consumer law, the seller must first be given the opportunity to repair). You can contact me without obligation via my profile if you wish to discuss the matter further or require legal assistance.

Lawyer

Consumer law also applies to agreements between private individuals as far as possible. In the question of whether there is a defect in the purchased item for which the seller can be held liable and whether you could have discovered that defect before the purchase, two aspects are important in this case. One is that you did have a preliminary investigation done that was itself apparently inadequately carried out and two it is possible that the seller deliberately concealed a fact from you and you had concluded the purchase under different conditions or not with the correct knowledge. Then you are invoking error, there may even be fraud. You could also file a claim against your broker, after all, the defect that you report should have been discovered by him.