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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37485
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I resently made a deposit on a used Park Model Trailer. I

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I resently made a deposit on a used Park Model Trailer. I delt solely by internet with the local RV sales dealership. My one contingency on the purchase was that the unit must not have a leaky roof. This was relayed by email, which I have a copy of.

The day the unit was delivered, I discovered a very large mushroom growing along the wall of the bedroom, and the carpet was soaked all along the wall. I found this because I moved a bedside table that came with the unit in order to hang drapes in the room. (I do have camera stamped dated photos.)

During delivery, by the RV dealer, the driver hit and scraped the bump-out bay window along a large tree in the park where I had rented a site. The park manager was present during the delivery of the unit and witnessed the incident. I insisted that the driver return and make some preliminary repairs to prevent water damage, as it was raining that day. H returned and smeared a bit of caulk on a corner of the bumpout.

Of course this is now also leaking-profusely. The wall, freshly painted is crumpling, the ceiling tiles are hanging like wet diapers and the water pooring over my table and soaking the carpet in the dining room now as well.

I have been unable to occupy the unit, do not have a title and have requested now that my deposit be returned and the unit removed. This unit was delivered on May 11, and I have been unable to live in this unit. I am personally out more than $1000 on rent of the site, the cost of the contractor to tarp, storage facility fees (for belongings that should b e in the unit)

.

I contacted the RV dealer about the fact that the driver had damaged the unit upon delivery, and that the bedroom had an obvious leak that had soaked the carpet and was growing fungi. They ignored me. I contacted them again, and they brushed me off, saying that I should probably contact a building contractor about repairs.

I finally had to hire a contractor to tarp the entire roof to prevent any further damage.

Today I insisted that my deposit be returned, due to the misrepresentation of the unit, and that it be removed from the park site. I received an immediate email saying that I will not receive a refund, and that if I do not pay the balance of the agreed on price I will be subjected to "legal action". I do not have a title to this unit. My understanding from emails is that this title has not been received by the current one even as of this time.

I have NO MONEY (other than the money I set aside to complete this transaction). I need advise and HELP!!! Shirley
Submitted: 4 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your question.

The biggest problem you face is that they can claim that when you "accepted delivery" of the unit on May 11th, you gave up your rights to pursue them later for the defects, as you were then aware that the unit was nonconforming, and had a possible leak. Your best argument to that is that you had no knowledge, but only found out through experience by living in the unit that the property was leaking. Consider contacting the Wisconsin Secretary of State to have them investigate the dealership, or at least get you to the Dept of Fraud. In addition consider contacting the local courthouse and in small claims sue the dealership for fraud, misrepresentation, and breach of contract. However before you do, contact them and state that if they do not repair and replace the unit, you will sue them for selling you nonconforming goods after unreasonably and fraudulently inducing you to make the purchase.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 7/1/2010 at 7:15 AM EST
Customer: replied 4 years ago.
I have emails asking specifically about the condition of the roof BEFORE I entered into this transaction. I received a return email stating that "this roof will never leak". I do have copies of these communications. I was assured that the roof was sound, and therefore entered into this purchase, assured by the dealer and the current owner that the roof did not, indead WOULD not leak. This is not the case, and I was unaware until the day of delivery that this problem indeed existed. I have never lived in the unit as it is unfit for habitation.
Expert:  Dimitry K., Esq. replied 4 years ago.
I understand. What exactly is your follow-up question?
Customer: replied 4 years ago.

Hi Dimitry and thank you for your advise. I was encouraged by the owner to go ahead and take the unit and enjoy it while they waited for the title to come to them, and pay the balance on receipt of title.

 

I guess I just want to know if I have the right, and strong enough proof to pursue them through the courts and possibly recover my deposit and then sue for incurred expenses.

 

I spent all of the money I had to buy this unit, and it is uninhabitable. I am paying $400 month for my site at the park. I am in SERIOUS financial trouble because of this, and work a seasonal job that pays $9.50 an hour!

 

In your opinion, should I spend the money and time needed to recieve what I contracted for with these people? Do I have any other options? Do I have to pay the balance on this disaster?

Thanks

Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your follow up. I am happy to help as much as I can, but please understand that I am not your attorney and I cannot provide you with legal advice. I can only review the situation and provide you with possible options and legal information.

Since I do not know the other side, and did not see the emails or the communication, I cannot in good conscience comment on your proof and the strength of your case. It does sound like you have a fair amount of evidence, but I do not know if you signed a waiver to the dealership, or under what contract you purchased the unit (whether it was "as is", for example).

I do believe that if you feel that you were defrauded or sold something that was simply not conforming to description, let alone to actual healthy habitation, you should fight and get what you were promised. However until you get it fixed, since you did formally take delivery you must pay the balance on it, as you are still legally obligated under terms of payments.

Good luck.

Edited by Dimitry Alexander Kaplun on 7/1/2010 at 7:42 AM EST
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37485
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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