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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33703
Experience:  15 years real estate, Realtor. Landlord 26 years
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I purchased a camper trailer for $20,000 and have only had

Customer Question

I purchased a camper trailer for $20,000 and have only had it for four months and it is leaking a lot of water in the front of the camper. I live out of this trailer and there is numerous other things that have broke and we're not put together very well. I'm not renting a condo at the job site I'm working on right now. They said it will be a month before they can fix the camper. I told them there is so much water damage and I'm worried about the mold and think this was not good quality. I would love my money back or a new camper. Please help
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Is this a brand new camper or a used one?

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If used, did it come with any type of written warranty?

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Did it leak immediately after you bought it?

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Is there any evidence that the seller tried to conceal any problems of leaking?

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thanks

Barrister

Customer: replied 1 year ago.
It is brand new less than 4 months ago. Keystone Cougar. The warranty was for five days. The water was leaking from the ceiling and running out of the outlets.
Expert:  Barrister replied 1 year ago.

Ok, at this point, if it was brand new and only had a 5 day warranty, then if the manufacturer won't agree to make repairs at their cost, then your recourse here is to sue them under a breach of contract claim for putting a defective product on the market. The basis of warranty law under the Magnuson Moss Warranty Act, is that goods sold carry with them certain warranties as to their quality and performance, and that if the goods do not meet these standards, then the buyer has a remedy. The seller’s good faith, ignorance of the products defect or best efforts in making or selling the goods are not defenses. If the goods do not meet the promised warranty standard, the buyer has remedies as specified by various warranty laws

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The implied warranty of merchantability is not created by the seller’s statements or conduct, but implied in the sale of new or used goods (vehicles) whenever the seller is a merchant with respect to the goods. The implied warranty is created by law and not by the seller. The implied warranty of merchantability promises that the goods (vehicle) are

fit for the ordinary purpose for which they are used. The goods (vehicle) must be able to do the ordinary job with reasonable safety, efficiency, and comfort.

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I find it a little surprising that on a $20,000 purchase, there was only a 5 day warranty. It would be virtually impossible to determine if there were defects, especially waterproofing problems, if there was no rain within that 5 day period...

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But you are going to have to get an attorney involved here, one that consumer law experience, to either threaten to sue or actually sue them if they won't either immediately fix it, or refund your money based on the violation of the implied warranty of merchantability.

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thanks

Barrister

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