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Criminal Complaint. Verbal Contract that no water damage

 

Customer Question

Criminal Complaint.

Verbal Contract that no water damage or any problems with the Travel Trailer in question other than fridge not working on electical but ok on propane.

Money paid in good faith - damages resulting from further inspection - failure to return money for return of trailer and then further failure to compensate for costs to repair damages.

Misrepresentation of by both Maurice and Judy of the TT either know or unknow. Failure to compensate for cost of damages after numerous conversations.

Problem: TT Sewage holding tank full resulting in damage/rot in floor of bathroom. Estimated cost to fix: $3,000, Estimated charge to empty $250

The damage was not initally noted upon viewing the trailer due to wrap around carpet in place in toilet area as well as closed cupboard in bathroom. Secondly the RV was under a tarp so lighting not 100%.

Sellers both husband and wife gave their word on more than half a dozen occassions to HS(phone) and OS (in person at time of sale) seperately, (witnesses present in person- buyers two children as well as granparents of seller).

Sellers are adamant that they sold us the trailer in good faith with no problems other than fridge. We replied that we also gave our money in good fatih. They then refused to return our money in exchange for the trailer back the day after the sale, and further refusing to compensate for a portion or all of damages to repair the unit.

Litigation to be pursued

 

Optional Information:
State/Country of Question: Canada

Already Tried:
reasoning with sellers, yesterday giving a 24 hour deadline to accept accountibility/responsilbility for the damage that they knowing or unknowningly did not inform us of or legal action would be taken

Submitted: 1025 days and 11 hours ago.
Category: Legal
Value: $18
Status: CLOSED

Accepted Answer

Picture
Expert:  FLACORPLAWYER replied 1025 days and 11 hours ago.

Document everything with pictures for the court. This may be a good Small Claims case. remember used motor vehicles are generally sold as-is when it is from one private party to another so you have a bit of an uphill battle here. You want to concentrate your argument on the idea of Fraud. Specifically FRAUD IN THE INDUCEMENT which means you would not have bought as-is if you had not had major damage concealed from you. Good luck!

Expert TypeAttorney
Pos. Feedback: 96.6 %
Accepts: 2301
Answered: 7/31/2009

Experience: 23 Years as attorney, licensed NY and FL. Former US ATTY.

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