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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33716
Experience:  Attorney with 15 years experience in various consumer protection areas
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We signed a purchase agreement RV two days ago but can't

Customer Question

We signed a purchase agreement for an RV two days ago but can't tow it with our car and now we want to cancel the agreement.
JA: The Consumer Protection Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: We signed a purchase agreement for a travel trailer two days ago. But then found out that our car can't pull it. Can we get out of that agreement? We have not picked it up or filled out any other paper work so far. Thank you.
JA: Anything else I can tell the Consumer Protection Lawyer before I connect you two?
Customer: No .
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Consumer Protection Lawyer about your situation and connect you two.
Submitted: 8 months ago.
Category: Consumer Protection Law
Expert:  Barrister replied 8 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Is there anything in the purchase contract that gives you a "right to cancel" within a certain period of time?.Did you make the salesman aware of what type of vehicle you owned prior to buying the trailer?.Did they say that it would be able to tow the trailer adequately?..thanksBarrister
Customer: replied 8 months ago.
No, there is nothing in the purchase agreement that says we have a right to cancel. The salesman walked out to our car and looked it over, and said he wasn't sure if it had a tow package or not. We told him we would be checking with our mechanic about that. The salesman said they sold lots of trailers to people who had rigs just like ours (Lexus RX350). There should be no problem. We asked him several times. But our mechanic, who we trust implicitly and respect, said absolutely not, or we would risk destroying the transmission.
Expert:  Barrister replied 8 months ago.
Ok, then this gets into a very grey area because if the salesman didn't specifically tell you "sure, your car will tow it with no problems and is rated for towing something that heavy", then it would have been up to you to determine whether your vehicle was suitable prior to purchasing. Kind of a "cart before the horse" type of thing. The burden is on you to determine if your "horse" can pull the "cart" before you buy it..But if you were relying on the seller's expertise in advising you about whether it would tow it or not, then you might be able to get out of the contract under the "implied warranty for a particular purpose" that is inherent in every contract. If you relied on the salesman's expertise in advising you what you could safely tow with the vehicle, and he sold you something that your vehicle clearly wouldn't tow, then he is negligent and that would allow you to avoid the contract..So this will boil down to what the salesman represented about the trailer considering his knowledge of what you wanted to use to tow it..I would opine that if you aren't experienced RV buyers, a judge would rule that the salesman is in a much better position to advise you on the proper purchase for your vehicle and that if you relied on his experience, then if it turned out to be wrong, you can get out of the contract...thanksBarrister