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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33929
Experience:  Began practicing law in 1992
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I was going to buy a 53 foot trailer from utility trailers

Customer Question

I was going to buy a 53 foot trailer from utility trailers in Dallas Texas pictures were sent to me and representative of the trailer that I was going to buy but when I got there the trailer that I was going to buy was clearly not the pictures that were sent to me the deal was already made and the trailer was paid for do I have any recourse
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

I am only going to be online for a few more minutes but I noticed your question had been posted a while without any answers so I wanted to try and assist. We can continue tomorrow morning.

As to recourse, it depends on whether the pictures were represented as depicting the actual trailer or whether they were used just as an example of the trailer.

If the pictures were supposed to show the actual trailer but did not and there is a significant difference between the trailer in the pictures and the trailer you actually bought then you would be able to sue to "rescind" the contract. That means you get your money back and they get their trailer back. In addition, you could also recover your attorney's fees (if you have them) and any costs you incurred in taking possession of the trailer (such as the cost of travel). It is also possible that you could sue for additional damages for misrepresentation but a recovery of those type of damages is never guaranteed in Texas and are actually very hard to win in a trial.

If the pictures of the trailer were just supposed to show a trailer similar to the one you were purchasing then it will be much, much harder to win the case unless there is a significant difference between the two.