Legal Question in Civil Litigation in Oregon

I just bought a used travel trailer that the seller advertised as "Nothing wrong at all with it. No leaks at all". 3 days after purchasing the trailer, I discovered a pretty substantial leak from one of the windows. This leak has caused dry rot in the wood and will cost apx $1000.00 to fix. Should the seller cover some or all of this cost based on their "No leaks at all" advertisement?

Thanks,

D...


Asked on 3/13/10, 3:21 pm

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

You could sue the seller for fraudulent misrepresentation of the condition of the trailer. But that works only if the defect was hidden and hard to discovery by you. You say that there is dry rot. Was the dry rot easily discovered and observed? Or was it under the metal siding and could not reasonably be discovered by you prior to purchase?

If it was hidden, and the seller refuses to cover all of the cost of fixing it, then you can sue him in small claims court. For more info on that, see: http://www.osbar.org/public/pamphlets/smallclaims.html

Read more
Answered on 3/18/10, 3:38 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Oregon