Legal Question in Business Law in California

Defective Goose Neck Trailer

Told a trailer manufacture in Texas I need a 24 ft. Goose Neck Trailer that could load and unload 15000 lbs containers. They said they would build me one for $26,500. I agreed and sign a lease for 4 years.

I've had the trailer for 4 months and it has never work. The winch keeps breaking and I've only tried to load a 9,000 lb container.

The lease company paid them their money and started deducting the funds from my checking account. The lease company never asked me if I got the trailer and did it work.

Now the manufacture says I need to upgrade to a hydraulic winch and pay another 3500 dollars.

I don't have the money and feel like I'm going to end up with a 4 year payment for nothing.


Asked on 7/10/08, 11:44 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Defective Goose Neck Trailer

You can bring legal suit to rescind the contract or declare a breach and damages. Get an attorney to do so. He may be able to negotiate a resolution without having to go to court. If the contract was for delivery in TX, then get a Texas attorney local to the company. If the contract was for delivery in a different state, then you could use an attorney in that state to handle this. Feel free to contact if delivery was in Southern California.

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Answered on 7/10/08, 1:11 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Defective Goose Neck Trailer

This is a lawsuit you could probably win (70% chance, maybe??) but because of the costs of suit, you'd probably come out behind. You couldn't get this into Feeral court because the amount is too small. Unless the contract has an attorney-fee clause, it's unlikely you'd be better off suing and winning than just paying for the upgrade.

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Answered on 7/10/08, 1:13 pm


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