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Question

I bought a motor home from a private party who guaranteed to me that it was in excellent shape and that everything worked fine on it and that they were the original owner. After I paid the 16500.00 cash for it I found that they had lied to me as there was a long list of repairs that needed done and the title indicated they had put it in their name in 2002 (it was a 1993 model). The repairs will end up costing me around 3,000..00 and I sure would like to file a small claim against them. The RV repair company Cummins Northwest assured me that they had to know about the needed repairs and the ad stated it was a one owner RV. Do I have enough to file and prevail in small claims?

Submitted: 465 days and 20 hours ago.
Category: Legal
Value: $30
Status: CLOSED
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Optional Information

Optional Information:
Portland, Oregon

Already Tried:
Asked the seller for a refund of the purchase price

Accepted Answer

Thank you for contacting Just Answer. I look forward to assisting you.

While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me.

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Probably. You'll need to get things in writing from various repair shops to use as exhibits. If you have any way to prove that they lied to you, that would help you too.

When you file in Small Claims Court, don't forget to ask for the cost of filing and the cost of service of process, too.

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Expert: Jane Doe Deer
Pos. Feedback: 98.7 %
Accepts: 930
Answered: 7/30/2008

Attorney

Atty. 22 years; Plain English answers to family law, employment, landlord-tenant, & other questions

465 days and 19 hours ago.

Reply

The ad they placed on Craig's List cleimed that the RV was well maintained by the one owner. I think this is an indication of the fact they were misrepresenting the condition of the RV.

Accepted Answer

Excellent. That will make a great exhibit.

As you know, Oregon has a $7500.00 SCC limit: http://www.osbar.org/public/pamphlets/smallclaims.html

Sit down and write up a journal, in chronological order. Keep it as short as possible. Write down the approximate date you first saw the RV advertised on Craig's List.

Then, to the best of your recollection, add in as much as you can about when you saw the vehicle; what was told to you, on what date, by whom; etc. This information will become your declaration.

It's unfortunate that you didn't have the vehicle checked out before buying it, which is always a prudent thing to do. You may want to write out a short explanation of this. Everyone, attorneys included, can get tongue-tied in court; having some notes in front of you can be very helpful.

 

You'll be ok. Be prepared for the worst, and you're always prepared for the best. © 2008.

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Expert: Jane Doe Deer
Pos. Feedback: 98.7 %
Accepts: 930
Answered: 7/30/2008

Attorney

Atty. 22 years; Plain English answers to family law, employment, landlord-tenant, & other questions

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