Legal Question in Consumer Law in Texas

Proof of Origin

My husband recently sold a motor home in which he disclosed everything that we knew about the motor home and its operations. He explained to the buyer that we had purchased the motor home with a blown engine and had ourselves replaced the engine with a ''crate'' engine from GM - not a rebuilt (which is what the seller had told us back in 2001 when the engine was purchased). The car it was in when we bought it was totaled and the motor was pulled out. Now, the gentleman is threatening us with lawsuit claiming that it is not a new crate engine as we told him and that if we can not produce paperwork to prove it, he is suing. Unfortunately, the guy we bought the car & motor from is now unable to be located and we do not have any ''records'' to prove the purchase of the engine. We took him at his word. We contacted the previous owner of the motor home and we passed the information from her straight on to the buyer. What should we do?


Asked on 2/07/06, 1:26 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Proof of Origin

The facts you set forth aren't clear. If you replaced the engine, you'd know if it was a crate or rebuilt. If the person you bought the motor home from replaced the engine, you passed on what you thought was correct.

In any event, your buyer is entitled to the difference in value for the motor home between what you said the engine was, and what the engine actually is.

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Answered on 2/07/06, 3:44 pm


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