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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31012
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I bought a used motorhome and it is not what I intended to

Customer Question

I bought a used motorhome and it is not what I intended to get. The temp. here is in the 90's and the a/c unit quit within 20 min . The dash air blew hot air . The roof air started cool, then the generator quit because of a breaker tripping. While I am driving home belts are squeaking. Tried to register it anyway the next day. Title was signed in the wrong place by the person who sold it to the man who sold it to me; leaving me with paperwork from the DMV to send for proof and a bill of sale to the man I bought it from. He in turn was to send me a bill of sale. The motorhome is leaking fluid from under the engine. I have not moved it since I got home, which is about 25 miles from where I bought it. I am 77 yrs. old, with COPD, and on oxygen 24/7. I cannot work on anything that requires me to exert myself. All I want is a dependable motor home to travel places before its too late for me. I feel that I have been taken advantage of by the seller. I asked for my money back and he refused, saying the "as-is" rule applies and that I cannot have my money back; mainly because he spent it all the day I gave it to him. It is $9000 dollars. I am a veteran on a fixed income, and don't know what to do.. Can you help or maybe give me advice on what to do next ? I sent a certified/return receipt req. to him today (Wed. June 22, 2016) asking him to return my money (less $100 that he could keep for wiring an inverter) He said he was getting a lawyer. I don't have one. I just want my money back as this motorhome is not capable of traveling in worrying about the electrical problems that appear. I cannot afford to lose money like this. What can I do ? Any information you can give me would help. I am disabled and feel unable to fight by myself. Thank you for reading this and call me if you can; collect.
James J. Baden (###) ###-#### This is Nevada, PDST.
Submitted: 5 months ago.
Category: Legal
Expert:  Roger replied 5 months ago.

Hi James - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 5 months ago.

Generally, if the seller knows or should know of defects or problems with the vehicle that are not open and obvious, then there are grounds to sue for negligent or intentional misrepresentation to induce the buyer to purchase the vehicle.

If you do sue, you could ask the court to reverse the transaction OR ask the court to order the seller to cover the costs to repair these issues/problems.

Expert:  Roger replied 5 months ago.

However, if all or some of the issues are open and obvious, or something that you should have discovered, and if the vehicle was purchased without any warranty, then it could be that your claim would likely be reduced by any things you could have reasonably discovered prior to purchase.

Customer: replied 5 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Roger replied 5 months ago.

IF the seller isn't willing to make a compromise or try to work things out, your next move likely should be to hire a lawyer to pursue damages or to reverse the transaction.

Expert:  Roger replied 5 months ago.

I can't take a phone call right now as I'm traveling.......but, I'm happy to continue here if you need anything further.

Expert:  Roger replied 5 months ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!