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Bought a Used Lemon from Private Seller

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R

Rschnib

Guest
What is the name of your state? washington

my wife and i bought a used fifth-wheel through e-bay from a private party in texas in july. the seller represented the trailer as "like new" and as "seen very little use" in his e-bay ad and claimed that the kitchen and dinette had never been used. when a friend and i got there to pick the trailer up it was obvious that the trailer had been lived in extensively, based on the visible wear and tear, including that in the kitchen. i noted this to the seller (in the presence of my friend) but told him that as long as everything worked i was still willing to complete the sale. i was assured by his wife that "everything works" and my friend was a witness to this statement as well.

the bill of sale i signed listed the trailer's condition"as is", but i signed it only because of the verbal assurance that everything on it was working. by the time we got back home with the trailer i had identified quite a list of items (e.g., blocked plumbing, no gas to refrigerator, broken door stops, leaking toilet, stripped igniter, battery drain due to short) that obviously were not working at the time of sale but did not become evident until we tried to use them. to date it has cost me $3400 to fix everything that has gone wrong since i purchased this lemon, $1200 of which i can prove was not working at time of vehicle pickup.

in spite of caveat emptor, don't my wife and i have some legal recourse due to having a witness to verbal assurances that everything on the trailer was in working order at time of pickup? The condition of the trailer was obviously misrepresented by the seller. please advise.

Rschnib
 


JETX

Senior Member
"in spite of caveat emptor, don't my wife and i have some legal recourse due to having a witness to verbal assurances that everything on the trailer was in working order at time of pickup?"
Answer: No. The written agreement supercedes any verbal statement.
 
C

CaliCat

Guest
The court will only look at the written agreement. The seller knew that and took you for what it wasn't worth
 

JETX

Senior Member
Charlotte:
Why did you make this post??? All you did was repeat what had already been said.... a month ago!!!

The only reason I can think of is that you are trying to 'pad' your reply count. What other reason??
 

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