Legal Question in Consumer Law in Florida

I bought an enclosed trailer direct from a factory in Georgia.I ordered the trailer to have studs (supports) built to every 16 inches on the wall. The factory called me one day prior to getting the trailer and said that my trailer was ready and it was 24 inches on center. I told them according to the contract it is to be 16 on center. I was told they would BUILD me a new trailer and it would not be a problem. I had the trailer 9 days. I drove the trailer home from Georgia parked in yard in FLorida. I was painting the inside of the trailer. While doing so I noticed the spring that lifts the rear tailgate was weak and the door was sticking. I looked at the warranty which reads that we notify the factory in 5 days when we notice the issue. Which I discovered the issue on Sunday and they were notified on Tuesday there was a problem with the door. The warranty reads that if there is a problem it will be at my expense of travel to take the trailer back and forth to the factory or an authorized repair shop of their choice. I have to clear it through the factory first. The factory told me not a problem gave me an address and we took it no problem. When we got to the repair shop we were told that the trailer has a bigger problem. The door is not straight and is out of line and needs to be replaced and the trailer itself is not straight which is causing the door not to open or close properly. The repair shop also stated that the trailer was built 24 on center and not 16 on center according to contract. I contacted the factory immediately. I was told that it is a warranty issue and I need to pay expenses to travel the trailer back to Georgia and have it fixed. I feel that my issue is a contractual issue. The trailer that was built is not according to contract which waves the warranty issue and they need to make replacement at their own cost. I have incurred expenses of finishing the inside and registration expenses which I will have to pay again if they agree to replace the trailer and they will only do so at my expense. AM I right or wrong


Asked on 10/16/10, 9:03 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

If they built the first trailer wrong, and then sold you another trailer with the SAME problem (studs 24" on center instead of 16" on center) then they breached the contract. If you then painted the interior, in reasonable reliance that their producing the SECOND trailer was built according to your contract, then the company is responsible for all of your consequential expenses. If the trailer also has defects that cause the door to not close, and the defect cannot be fixed, (why would you fix a trailer that doesn't have the right stud distance), then the company must make you whole, meaning, pay back what you paid, plus consequetial damages, and possibly even incidental expenses, (gas money, phone calls, registration, etc)

You need an attorney to review your documents. If the contract was created while you were in Florida, or if the company has enough contacts selling their product in Florida, then the jurisdiction will likely be Florida...

If you went to GA to sign the papers, then you may need a Georgia attorney to file suit in GA. Your contract may also state the jurisdiction or which state laws will govern the terms of the contract.

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Answered on 10/21/10, 12:46 pm


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