‘Unsafe’: Caravan dealer’s payout after van’s failure hours after purchase

A Queensland caravan dealer has been ordered to reimburse a customer thousands spent fixing an “unsafe” van which suffered a “major failure” just hours after purchasing it.

Home and Away RVs must pay the buyer her out-of-pocket repair expenses. Picture: Instagram

A Queensland second-hand caravan dealer has been ordered to reimburse a customer for the $7000 she spent fixing the “unsafe” van he sold her which suffered a “major failure” within hours of purchase.

HA Caravans Pty Ltd, trading as Kane Wiseman Home and Away RVs, must pay Suzanne Nowlan her out-of-pocket repair expenses, according to the decision of Queensland Civil and Administrative Tribunal member Noel Jensen handed down on December 16.

Mr Jensen ruled that the “sport poptop” van Ms Nowlan bought from HA Caravans in Deception Bay, north of Brisbane, was unsafe from the outset.

Ms Nowlan told the tribunal that the van had mechanical issues on the day she bought it on January 10, 2023, then a wheel fell off it the following day.

Ms Nowlan paid $16,000 to travel and live in the van, and on the day of purchase, drove 600km from Deception Bay to Rockhampton pulling the caravan for approximately seven hours.

On the first day she called a mobile mechanic to help fix a vibration by removing a tyre and greasing the hub.

The next day, about three hours north of Rockhampton, the wheel went wobbly, came off and got stuck underneath the caravan and caused damaged to its rear, the tribunal heard.

She later arranged for it to be towed to Mackay Caravan Repairs where owner Gary Ziegler told her that “the hubs are shot” and that he was surprised that the caravan made it as far as Rockhampton.

Member Jensen ruled that he “placed a lot of weight on” Ms Nowlan’s recounting of Mr Ziegler’s opinion of the van even though Mr Ziegler did not give evidence to the tribunal.

“I am satisfied that the applicant is a credible witness and that her evidence is reliable,” Mr Jensen ruled.

“I ... find that the caravan was in an unsafe condition at the time of purchase,” Mr Jensen stated.

“I find that a reasonable consumer fully acquainted with the state of the caravan at the time of purchase would not regard the caravan as safe and durable,” he concluded.

“I do not consider that a reasonable consumer would expect to purchase a caravan which was in such an unsafe condition as this one, as at the time of purchase,” he stated.

He concluded that the wheel hub failure was a “major failure” under consumer law, because the cost of repairs was nearly half the total purchase price of the caravan.

Mr Wiseman told the tribunal that he slashed the price of the caravan from $18,999 to $16,000 because Ms Nowlan agreed to organise her own roadworthy, gas certificate and registration.

He said he sold the van on consignment.

Mr Wiseman has until January 13 to pay the $7000.

According to his Facebook page Mr Wiseman says “Home and Away Budget Caravans” started off as a hobby in the backyard in 2014 and has grown to up to 30 caravans, motorhomes, campervans, cars, boats and cabins.

It operates from premises on Lipscombe Rd Deception Bay.

Originally published as ‘Unsafe’: Caravan dealer’s payout after van’s failure hours after purchase