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Richard
Richard, Attorney
Category: Business Law
Satisfied Customers: 53976
Experience:  32 years of experience practicing law and a businessman.
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We bought a new 2013 Monaco Motor Home in April 2013. On a

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We bought a new 2013 Monaco Motor Home in April 2013. On a trip in July we had a major breakdown. Description below.

Transverse link mounting bracket welded to left frame rail parallel to the steer axle failed due to improper installation, weldment was not completed on bottom flange of frame rail causing bracket to fail due to improper attachment to frame rail. During the inspection of the failure it was observed that this is the second time this bracket was installed on the frame rail there is evidences of an incomplete removal of a prior bracket weldment

This repair was never disclosed to us. Is it illegal to sell a motor home as new when there has been a major repair? We want our money back. What are our chances?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. You do have recourse here. The seller is obligated to disclose anything the seller knows or should have known that a reasonable buyer would consider material in making the decision whether or not to buy the vehicle. This clearly qualifies as something that they knew or should have known and something that should have been disclosed. What you want to do is raise the stakes on them so that they know that not complying with your demands is going to cost them far more in the end than simply giving you your refund now. You should send them a certified, return receipt requested letter detailing the situation and demanding that they take back the vehicle and refund your money in total within a short specified period of time. Inform them that if your demand is not timely complied with, you will have no choice but to file a suit against them for your damages. Be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as deceptive trade practice and fraud actions, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit.



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Customer: replied 3 years ago.

Finally! an answer to our question. I will rate you five "whatever."


just another question, if you will Indulge me.....


Do you not agree that a letter from an attorney should be our first contact and how do we locate such an attorney to draft the letter?


 

Thanks so much for that! Yes, I do agree your letter is your first course of action. You don't need a lawyer with years of experience with a high billing rate; rather, a trial lawyer with one-two years experience can handle this for you easily. Under my terms of service with JustAnswer, I'm not allowed to make a specific recommendation, but I can give you direction. You would want to either contact the state bar association or your nearest law school for a referral. I prefer the latter because they take great pride in their graduates and will take a more personal interest in making sure your referral is a good one because it will be a reflection of the school.
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Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/

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