State of Oregon
My wife and I were going to try and full time in a used travel trailer. Found a decent priced trailer down the road from some friends that are allowing us to use their property for the trailer until it was done getting repairs. The seller had stated verbally and on a sign that i have in my possession that everything works and listed what features it came with.
Seeing as it was used and i didn't care as i like the price and potential i asked him to tell me what all was wrong because i was very interested regardless. The list he gave me seemed small and nothing to worry about or the immediate future. Simply put, he lied. He lied about the number of broken windows, condition of the awning, and the lack of "everything working". Of the $3800 he was asking he has only received $2800. From what i have found of the repairs need that he did not disclose, the remaining $1000 is not going to cover the repairs/replacements needed for the trailer.
After listing off everything that was wrong and letting him know that I wasn't sure the deal was going to work he informed me that I could forfeit the money I've given him and return the trailer. I responded letting him know that due to the repairs needed he wouldn't really be getting any more money since it would go beyond the balance owed to him and that he could either return the money I've given him plus the small amount for what I couldn't return or sign over the title. The payments and all that were in writing and never mentioned forfeiting, it turned into a long argument over text messaging and we are now probably going to be taking this to court.
My question is how far into the wrong is this guy for falsely advertising the actual condition of the trailer. I do admit that I should have been very insistent about an inspector or testing everything, but i had been told that the trailer had only been sitting where it was for a month or two when our last phone argument had him spouting on about how i should expect repairs when the trailer was left sitting or 9 to 10 months. Basically, i just want to know how good of a chance I have with dealing with this douche-bag in small claims?
Thank you for your timeWhat is the name of your state (only U.S. law)?
My wife and I were going to try and full time in a used travel trailer. Found a decent priced trailer down the road from some friends that are allowing us to use their property for the trailer until it was done getting repairs. The seller had stated verbally and on a sign that i have in my possession that everything works and listed what features it came with.
Seeing as it was used and i didn't care as i like the price and potential i asked him to tell me what all was wrong because i was very interested regardless. The list he gave me seemed small and nothing to worry about or the immediate future. Simply put, he lied. He lied about the number of broken windows, condition of the awning, and the lack of "everything working". Of the $3800 he was asking he has only received $2800. From what i have found of the repairs need that he did not disclose, the remaining $1000 is not going to cover the repairs/replacements needed for the trailer.
After listing off everything that was wrong and letting him know that I wasn't sure the deal was going to work he informed me that I could forfeit the money I've given him and return the trailer. I responded letting him know that due to the repairs needed he wouldn't really be getting any more money since it would go beyond the balance owed to him and that he could either return the money I've given him plus the small amount for what I couldn't return or sign over the title. The payments and all that were in writing and never mentioned forfeiting, it turned into a long argument over text messaging and we are now probably going to be taking this to court.
My question is how far into the wrong is this guy for falsely advertising the actual condition of the trailer. I do admit that I should have been very insistent about an inspector or testing everything, but i had been told that the trailer had only been sitting where it was for a month or two when our last phone argument had him spouting on about how i should expect repairs when the trailer was left sitting or 9 to 10 months. Basically, i just want to know how good of a chance I have with dealing with this douche-bag in small claims?
Thank you for your timeWhat is the name of your state (only U.S. law)?
"regardless."