Posted 2016-01-18 8:37 AM (#165841) Subject: what legal rights, if any do I have after buying misrepresented trailer?
Member
Posts: 9
Location: MN
I purchased a trailer sight unseen (shame on me) after owner said everything worked and there were no leaks, etc. I payed for it before I got there so it wouldn't sell to someone else as I live in MN and he in OK. When I get there on Thurs. he coincidentally cannot be there so he has a friend meet me. The tires were terrible with 2-3 bubbles on one tire, and the guy says, "oh that's no big deal", I leave and the brakes don't work, so I just so happen to have a gf in OK and her husband worked on the wiring and brakes for 3 hours! I get home and find out the roof has been leaking terrible and everything has to be gutted, I am beyond livid!! I did look at it before I left, but it was getting dark, and I needed to get back to MN, and you couldn't tell till you pushed on the ceiling, and touched the wood border that peeled off because it was so wet!! Same with bathroom floor border and window! What can I do? He won't return calls or texts?
Posted 2016-01-18 9:36 AM (#165845 - in reply to #165841) Subject: RE: what legal rights, if any do I have after buying misrepresented trailer?
Expert
Posts: 5870 Location: western PA
Most private sales are considered "as is, where is". Due diligence is required of the buyer, to determine if the item for sale meets the buyers expectations, before the sale is completed. It is also strongly recommended that a purchaser include an inspection of the sale item by a qualified professional, BEFORE any monies are transferred. Unless a specific warranty was offered in writing to the trailer's condition or repair, a glowing verbal description by the seller, is only considered "puffery" or an opinion. By taking the trailer, you completed the sale. I'm afraid that even though you are a victim, your lack of business acumen resulted with these results.
Posted 2016-01-18 6:23 PM (#165850 - in reply to #165841) Subject: RE: what legal rights, if any do I have after buying misrepresented trailer?
Expert
Posts: 1989 Location: South Central OK
If they live near me I might know them but in OK all sales are as is unless otherwise stated in writing. Sounds like you got hustled. You had to pay for it before you saw it so it wouldn't sell out from under you (a small deposit should have been enough to hold the sale pending inspection.) The seller couldn't be there (then he doesn't want to sell it that badly if he can't be present.) You took delivery in the dark and hurried off back home (you could have had them bring it to a reputable trailer shop after your deposit and had the shop go over the trailer for you before you traveled to take possession.) Hate to say but these are not the sellers fault, you got every red flag you needed but didn't stop the transaction. If you want to PM me the guy's name I'll see if I know of him and "allow" others to use caution when dealing with him. He must be one fine horse trader!
Posted 2016-01-18 8:03 PM (#165852 - in reply to #165841) Subject: RE: what legal rights, if any do I have after buying misrepresented trailer?
Veteran
Posts: 233 Location: Pataskala, Ohio
You do have one Avenue of recourse. The Internet. Tell the world who did what to you in great detail. Do not lie at all. Photos of the defective trailer and copies of your conversation should also be included. Drag this person's name through the mud. The horse industry is small and he will probably come to his senses and gladly refund your money. Remember this edge cuts both ways so make sure your ducks are in a row when you start this. Back In 2007 I had a little run in with the conversion company that Lakota Trailers was using at the time. Regrettably that company did not step up to make good on their representation but to their credit Lakota made good on someone else's screwup. I have great respect for Lakota and always will.
Posted 2016-01-18 9:20 PM (#165857 - in reply to #165841) Subject: RE: what legal rights, if any do I have after buying misrepresented trailer?
Expert
Posts: 3853 Location: Vermont
Caveat emptor is Latin for "Let the buyer beware" (from caveat, "may he beware", the subjunctive of cavere, "to beware" + emptor, "buyer"). Generally, caveat emptor is the contract law principle that controls the sale of real property after the date of closing, but may also apply to sales of other goods. The phrase caveat emptor arises from the fact that buyers typically have less information about the good or service they are purchasing, while the seller has more information. The quality of this situation is known as 'information asymmetry'. Defects in the good or service may be hidden from the buyer, and only known to the seller. A common way that information asymmetry between seller and buyer has been addressed is through a legally-binding warranty, such as a guarantee of satisfaction. But without such a safeguard in place the ancient rule applies, and the buyer should beware. The modern trend in the US, however, is one of the implied warranty of fitness that applies only to the sale of new residential housing by a builder-seller and the caveat emptor rule applies to all other sale situations (e.g. homeowner to buyer).[2] Other jurisdictions have provisions similar to this. In addition to the quality of the merchandise, this phrase also applies to the return policy. In most jurisdictions, there is no legal requirement for the vendor to provide a refund or exchange.
Posted 2016-01-18 11:52 PM (#165861 - in reply to #165841) Subject: RE: what legal rights, if any do I have after buying misrepresented trailer?
Member
Posts: 14
Location: Somerset, Wisconsin
Were any of your "discussions" by email, such that you would have a record of him stating no leakage, condition etc.? Copies of photos he provided? Not knowing how much money you are talking about-and granted Oklahoma is 750-1,000 mile run from Mn. You might want to consider small claims court. Misrepresentation may still be something you could pursue, if you have the proof to document your understanding of the trailers condition. Would be worth a consultation with an Attorney. I traveled 400 miles to buy a pickup that was represented to have a tonneau cover. ($500 item) When it didn't and the dealer-Lenz Trucks of Fond du Lac, WI.- wouldn't do anything about it. I didn't buy the truck and I still sued in small claims for misrepresentation and was awarded $2,400 for the cost of a tonneau cover, my travel time and expense, loss of work, court costs and interest. They blew me off and didn't even appear in court. We were in court a total of 10 minutes. My suit is public record and all info is accurate.
Posted 2016-01-19 7:13 PM (#165872 - in reply to #165841) Subject: RE: what legal rights, if any do I have after buying misrepresented trailer?
Member
Posts: 9
Location: MN
Robert Baughman from Atoka Ok, someone in his at least 60,s, and I have never bought a lq trailer before so I didn't know what to look for. It didn't immediately smell or look different. I saved all my money for a down payment and took out a loan. I'm so depressed.
Posted 2016-01-19 8:07 PM (#165874 - in reply to #165841) Subject: RE: what legal rights, if any do I have after buying misrepresented trailer?
Expert
Posts: 1989 Location: South Central OK
Did you Google the guy? He's got gobs of court records for foreclosures, bounced checks, money judgments and protective orders. OMG you were just the last in a long line for this dude. FWIW, he shows to have a currently outstanding warrant or two.
Posted 2016-01-20 12:25 AM (#165875 - in reply to #165872) Subject: RE: what legal rights, if any do I have after buying misrepresented trailer?
Expert
Posts: 3853 Location: Vermont
Originally written by snoopy on 2016-01-19 10:13 PM
Robert Baughman from Atoka Ok, someone in his at least 60,s, and I have never bought a lq trailer before so I didn't know what to look for. It didn't immediately smell or look different. I saved all my money for a down payment and took out a loan. I'm so depressed.
Posted 2016-01-20 6:35 AM (#165876 - in reply to #165841) Subject: RE: what legal rights, if any do I have after buying misrepresented trailer?
Veteran
Posts: 168 Location: Minnesota
Wow! I have been following this and you are unbelievable. Paid for it sight unseen. Was in a hurry to get back home. It was dark. Now we find it leaks, has bad brakes and bad tires - - but you’ve already paid for it and wonder why the man will not return your calls??? Why would he??Not far from you is Pony Hills Conversion, Blooming Prairie that will “redo” the inside - - and rip you off again.
Posted 2016-01-20 7:23 AM (#165877 - in reply to #165876) Subject: RE: what legal rights, if any do I have after buying misrepresented trailer?
Member
Posts: 9
Location: MN
Originally written by DLR on 2016-01-20 6:35 AM
Wow! I have been following this and you are unbelievable. Paid for it sight unseen. Was in a hurry to get back home. It was dark. Now we find it leaks, has bad brakes and bad tires - - but you’ve already paid for it and wonder why the man will not return your calls??? Why would he??Not far from you is Pony Hills Conversion, Blooming Prairie that will “redo” the inside - - and rip you off again.
WOW thanks DAVE!! what are you stalking my questions on FB too? Way to make a person feel better!! The owner wasn't there when I picked up the trailer! There were no OBVIOUS signs of mold smell etc, I knew the tires sucked, but the trailer itself is in good condition, what am I supposed to do? Force his friend to put new tires on it? If you don't have anything decent to say, get off my post!
Posted 2016-01-20 7:25 AM (#165878 - in reply to #165841) Subject: RE: what legal rights, if any do I have after buying misrepresented trailer?
Member
Posts: 9
Location: MN
Yes, this is a tough lesson for me to learn, the trailer itself is in good condition, but I already know I screwed up, you don't need to get on this post and cut me down!!!
Posted 2016-01-21 6:03 AM (#165891 - in reply to #165841) Subject: RE: what legal rights, if any do I have after buying misrepresented trailer?
Veteran
Posts: 168 Location: Minnesota
Not sure what you mean in your statement “what are you stalking my questions on FB too”? This is Horse Trailer World Forum - - Not FACEBOOK. Have no idea what you do on Facebook. You come on a forum and complain about getting “ripped off”. I am sorry but you did a lot of #$%^ things wrong. Now you claim “trailer itself is in good condition” after you stated “worked on the wiring and brakes for 3 hours”; “roof has been leaking terrible” & “pushed on the ceiling, and touched the wood border that peeled off because it was so wet.” What do you want to do? The guy (which could have been the person you met – do you know for sure?) has no doubt done this many times and looks for people that will believe him. You have little if any options other than to start working on your trailer. NOT SURE WHY THE PARAGRAPHS DO NOT SHOW??
Posted 2016-01-22 2:29 PM (#165911 - in reply to #165891) Subject: RE: what legal rights, if any do I have after buying misrepresented trailer?
Member
Posts: 9
Location: MN
I never mentioned anything on HERE about going to Pony Hills conversion in Blooming Prairie??? How else would you know that?? @n, the trailer, as far as the aluminum and white skin are good, the floor, dividers, windows, etc. are good, you don't need to quote me from other posts on what I said was wrong? Go find a different post to put your 1cent worth into.
Originally written by DLR on 2016-01-21 6:03 AM
Not sure what you mean in your statement “what are you stalking my questions on FB too”? This is Horse Trailer World Forum - - Not FACEBOOK. Have no idea what you do on Facebook. You come on a forum and complain about getting “ripped off”. I am sorry but you did a lot of #$%^ things wrong. Now you claim “trailer itself is in good condition” after you stated “worked on the wiring and brakes for 3 hours”; “roof has been leaking terrible” & “pushed on the ceiling, and touched the wood border that peeled off because it was so wet.” What do you want to do? The guy (which could have been the person you met – do you know for sure?) has no doubt done this many times and looks for people that will believe him. You have little if any options other than to start working on your trailer. NOT SURE WHY THE PARAGRAPHS DO NOT SHOW??
what legal rights, if any do I have after buying misrepresented trailer?
