Buyer gets refund on overweight caravan

[KeithB]

This is an interesting case, which may not be all that uncommon.

A buyer was sold a brand new caravan with a tare weight of 2,700kg stamped on the compliance plate which was supported by a weighbridge document. After a couple of trips with unstable towing at over 80kph he emptied it out, drained the tanks and weighed it on a public weighbridge at 3,560kg.

On the 6th April 2020 the Victorian Civil and Administrative Tribunal ruled that Roma Caravans refund the buyer the full purchase price of $83,000 plus $9,300 in interest and awarded costs to be determined.

http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2020/418.html

Keith

[Bigfish]

This is an interesting case, which may not be all that uncommon.

A buyer was sold a brand new caravan with a tare weight of 2,700kg stamped on the compliance plate which was supported by a weighbridge document. After a couple of trips with unstable towing at over 80kph he emptied it out, drained the tanks and weighed it on a public weighbridge at 3,560kg.

On the 6th April 2020 the Victorian Civil and Administrative Tribunal ruled that Roma Caravans refund the buyer the full purchase price of $83,000 plus $9,300 in interest and awarded costs to be determined.

http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2020/418.html

Keith

Interesting read.  There are hundreds of vans out on the road that would also be well overweight from what is stated on the VIN plate.   Hopefully people will do their homework and get everything in writing and every weight checked before money changes hands at the handover. 

[Fizzie]

which was supported by a weighbridge document.

That's the really scary bit!

[israel.mcgregor]

I know someone who bought a 5th wheeler from WA.  Had it transported all the way back to NSW. 

Needed to get a weighbridge ticket in NSW to complete the state change and found it to be 4.7t, even though the registered weighbridge ticket was 4.1T

4.7 makes it HV.  He doesn't have a vehicle capable of that.

Private sale....probably no chance of recourse.

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[Lobster]

  Nice read.

[duggie]

One of the first things that I did after buying my new Star Vision PX1 Hybrid camper was to tow it down to my workplace and put it over the weigh bridge . Came in at 20 kgs over stated weight  , but when phoning Starvision , they did their weight without batteries , so all in all I was happy with what weight it came in at .

[KeithB]

On the original case with Roma Caravans in Victoria, it looks like the weighbridge ticket provided at the time of purchase was way out of date. In fact it looks like it was done before any accessories were fitted to the van.

These accessories seemed to include and extra spare wheel, a slide-out, and a grey water tank plus God knows what else. I think the lesson here is to make sure the weighbridge ticket is dated no more than a few days before delivery.

Keith

[Brett]

We just picked up our new Jayco with as many options fitted at factory as possible so it wouldn't affected the 600kg payload up grade we purchased. Jayco missed installing the second spare wheel and are sending the parts to the dealer. Now I have asked for a new Compliance plate as we did pay extra for the 600kg payload and don't want the extra weight of the 2nd spare to impact it. Just waiting for a reply from Jayco now.

[weeds]

860kg error....


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[Hoyks]

Rather than a weighbridge error, it sounded to me like they have a bunch of weighbridge certificates for the bare bones poverty pack base model van and just date them as required.

You're probably looking at around 150kg for a pair of tyres and a mount. An empty grey water tank would be lucky to be 30kg and bugger all for a sat dish. It hardly accounts for the 660kg discrepancy.
The slide out section, being such a significant addition, should have been included in the weigh-in, in stead of trying to count it as an 'accessory'.

Interestingly, their brochure makes no mention of vehicle weight anywhere, even when looking at a van with the lot.

Their FAQ page, under the heading Weights .... CONTENT TO COME SOON

[achjimmy]

We just picked up our new Jayco with as many options fitted at factory as possible so it wouldn't affected the 600kg payload up grade we purchased. Jayco missed installing the second spare wheel and are sending the parts to the dealer. Now I have asked for a new Compliance plate as we did pay extra for the 600kg payload and don't want the extra weight of the 2nd spare to impact it. Just waiting for a reply from Jayco now.

We’ve had two jaycos replated after the delivery Brett so they should play ball

[nab]

Make it mandatory to have caravans/campers/trailers weighed on the day of pickup, with owner present. Allow a 2% variance to compliance plate, will sort all the weight issues out 100%, I'm sure there will be exactly 0 buyers who would be opposed to this even if it was at their cost. Just add it to the first registration cost.

[Bigfish]

Make it mandatory to have caravans/campers/trailers weighed on the day of pickup, with owner present. Allow a 2% variance to compliance plate, will sort all the weight issues out 100%, I'm sure there will be exactly 0 buyers who would be opposed to this even if it was at their cost. Just add it to the first registration cost.

I,ve always maintained this should be part of the sales contract.  If the van is out of specs...refund deposit and no sale..

[shakey55]

On the original case with Roma Caravans in Victoria, it looks like the weighbridge ticket provided at the time of purchase was way out of date. In fact it looks like it was done before any accessories were fitted to the van.

These accessories seemed to include and extra spare wheel, a slide-out, and a grey water tank plus God knows what else. I think the lesson here is to make sure the weighbridge ticket is dated no more than a few days before delivery.

Keith

Keith B (not out of date)

What I find scary, and I thought it would have been mentioned in the court judgement, is that the weigh-bridge certificate was dated the same day as when the buyer took possession of the caravan.

To me this says that the weigh-bridge operator has conspired with the caravan maker to provide a false weigh-bridge certificate (no proof, just my opinion from what what I have read).

(This is an extract from the Court Judgement)
The applicant collected the caravan on or about 5 September 2018 from the respondent’s manufacturing premises at 17 Randor Street Campbellfield. He was given the respondent’s weighbridge document dated 5 September 2018 which stated Tare Mass 2700 kg and Payload 800 kg.

If I ever buy a caravan after reading this, I will be demanding that I be present when the final weigh is done.


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[KeithB]

Well spotted. I missed that very important point.
Maybe it was a different caravan that was weighed.
Keith

[Fizzie]

Make it mandatory to have caravans/campers/trailers weighed on the day of pickup, with owner present.

& that weighing should be done wet eg batteries & full gas bottles mounted, water tanks (including grey water) full, a nominal "100 kg" weight on board for food, drinks, clothing etc, so that it shows the true weight as it would be used, not as it's sitting on the showroom floor

What I find scary, and I thought it would have been mentioned in the court judgement, is that the weigh-bridge certificate was dated the same day as when the buyer took possession of the caravan.

To me this says that the weigh-bridge operator has conspired with the caravan maker to provide a false weigh-bridge certificate (no proof, just my opinion from what what I have read).

So how have they been able to bodgie the weight, or as Keith suggests, was the tag for a different van

[Bird]

Make it mandatory to have caravans/campers/trailers weighed on the day of pickup, with owner present. Allow a 2% variance to compliance plate, will sort all the weight issues out 100%, I'm sure there will be exactly 0 buyers who would be opposed to this even if it was at their cost. Just add it to the first registration cost.

Could you make this part of your own contract ?? When ordering, say that you will pick it up from the weighbridge as the proper full unit, batteries, etc not from their yard..

[rossm]

Could you make this part of your own contract ?? When ordering, say that you will pick it up from the weighbridge as the proper full unit, batteries, etc not from their yard..

That would stop any dodginess about the documentation but what would a buyer do when he finds out at delivery his van can’t  be legally towed because it’s overweight ?
Refuse to take it? Ask for money back?
More legal stoushes ahead.
And not every buyer has the resources, financial and otherwise, to take a manufacturer or dealer to court.
It’s a can of worms.

[Bird]

That would stop any dodginess about the documentation but what would a buyer do when he finds out at delivery his van can’t  be legally towed because it’s overweight ?
Refuse to take it? Ask for money back? It’s a can of worms.

I dont think there would be any issue - but Im not a legal persons used undies....

Wouldnt it be as simple as they sold me a van at 2500, this one is 3000... call me when you have my van at 2500.

[Bigfish]

That would stop any dodginess about the documentation but what would a buyer do when he finds out at delivery his van can’t  be legally towed because it’s overweight ?
Refuse to take it? Ask for money back?
More legal stoushes ahead.
And not every buyer has the resources, financial and otherwise, to take a manufacturer or dealer to court.
It’s a can of worms.

10% deposit to be put into a trust. Balance due upon meeting at weighbridge and all weights as stipulated. Balance paid and keys handed over. . If no weighbridge then a mobile caravan weights guy to be met on site..

[HEM19X]

When we picked up ours, I removed the gas bottles [empty] and the Trail-a-Mate jack.... Van came in 30kgs under the TARE.... Happy camper!

[Ozsnowman]

Better not show this to the Mrs - she might want a refund on an overweight husband 

[GeoffA]

Better not show this to the Mrs - she might want a refund on an overweight husband 

She could try, but he probably wasn't over weight when she bought him.....