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We purchased a used truck and 5th wheel from a little old couple

 
MShore's Avatar
  • Answered by:MShore
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Customer Question

We purchased a used truck and 5th wheel from a little old couple from our state...Montana.
The products both seemed to be in mint condition. The couple assured us that regular care of the products were more than met. We went on our maiden camping voyage 66 miles out of town.
When we arrived at the camp site power stearing fluid was leaking out. We called AAA.
They towed us to the Chevy dealership in Polson. He fixed this problem for $275.. Then he told us the whole rear end was going out and we would be lucky to make it back to our home 66 miles away. We did make it back home. The next day we took it to the Dealership they said they took truck to. The dealership has paperwork on this truck that states they were told to get the truck completely checked out at 120,000 miles and they declined. We have had this truck in the shop for over a week. The bill will be $4000 plus. Do we have any recourse? Like Small Claims court? The dealership has given us printed evidence that these folks lied.

 

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State/Country of Question: Montana

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Submitted: 1030 days and 9 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Expert:  MShore replied 1030 days and 9 hours ago.

what if any evidence do you have of the representations the couple made about the condition of the vehicle prior to your purchase?

Customer replied 1030 days and 9 hours ago.

Word of mouth. They both assured us that the truck had had the very best of care. They also said that we couldn't possibly have all the work that had been done on it, because a lot of it had been done in Arizona. The computer print out that we received from the car dealership states otherwise.

 

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Expert:  MShore replied 1030 days and 8 hours ago.

I see, so it really boils down to your word against theirs with respect to the representation of the vehicle's condition at sale. Therefore, the sales agreement will govern and hopefully it contains assurances in it as to the condition of the vehicle. If not, the purchase will be considered "as is" and you will have little recourse against the sellers.

Expert TypeAttorney
Pos. Feedback: 98.1 %
Accepts: 17765
Answered: 7/26/2009

Experience: Negotiate, Draft, and Review many complex commercial agreements each year.

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