Legal Question in Civil Litigation in California
Travel Trailer Private Sale gone bad
First of all, after doing my research, I know I am an idiot by not having the trailer inspected before paying it.
Based some facts of my situation, I am hoping your Law Gurus can give me advise if I have a case or not.
Sincerely,
1. Agree to buy the trailer for $4500 holding $1000 for title.
Was advertised 'Like New' condition. 10 year old.
2. Seller delivered the trailer, signed Bill of Sale (no ''as is'' add on)
3. Find out many structure problems the seller didn't tell me about. e.g leaking in the back and front top of trailer, water damage to the wood frame from leaking. Refrig not working. Dead battery.
Repair could way above $1000. Pending esitmate.
4. Title mailed from seller a week later, not signed by seller.
5. Called seller explained the problems. It turns out he knows them all along, as matter of fact he was attempting to make some repairs to the trailer and removed antenna from roof. ( a hole on top)
6. Visited seller , shown him the footage of damages. Made oral agreement that seller take back Trailer relist for sale. Returned the pink slip
7. Trying to call seller next 10days, no phone call answering, no reply voice message and email.
8. 10 days later Seller called said he will sue me for the $1000
2 Answers from Attorneys
Re: Travel Trailer Private Sale gone bad
You could sue him for fraud. He advertised taht the trailer was "like new." Turns out it's not like new but has serious deficiencies. You could rescind the contract, which is what you have attempted to do.
Did you get your money back? Is the only problem that he is threatening to sue you for the $1000? Did he keep your money of $3,500?
If so, you should sue im for rescission based on fraud.
Re: Travel Trailer Private Sale gone bad
If he sues, tell your facts to the small claims judge, that is where you'll be. I doubt he'll sue. If he owes you money, you file in small claims.
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