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We live in upstate NY and purchased a concession trailer…

We live in upstate...

We live in upstate NY and purchased a concession trailer from usedvending.com 2 weeks ago. In the process of purchasing, we met with the seller twice to discuss the condition of the trailer and to inspect it. We were told that it had passed DOH and all we needed to do was have the axles fixed or replaced and we'd be "good to go" to have it pass DMV inspection/registration. We paid $15,000 cash and when we picked up the trailer, we brought it directly to a trailer repair service and were immediately told that the frame was completely rusted through and it would never pass inspection/never be able to be used again - it was done. We have contacted the seller with this information. The seller is going to speak with the owner of the trailer repair shop. We need to know if we stand any chance of getting any sort of refund or are we at the mercy of the seller. The title has been signed over to us and the only bill of sale simply states the seller's name, the vehicle make/model, buyer's name and that it was purchased. Please advise our options.

Lawyer's Assistant: Have you talked to a NY lawyer about this?

I asked around and heard about this free advice website

Lawyer's Assistant: What steps have you taken so far?

This is first step

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The owner of the repair and the seller are going to speak tomorrow. The repair shop is also writing up the extensive damage to show it is too damaged to be on the road/pass inspection.

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Answered in 38 minutes by:
5/31/2018
Attorney 1
Attorney 1, Attorney
Category: Real Estate Law
Satisfied Customers: 2,777
Experience: Knowledgable and Experienced Attorney
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Hello, and welcome. I am a licensed attorney and happy to assist.If you purchased the trailer "as is" you would probably not have any recourse. However, the seller made specific representations about the condition of the trailer and, on that basis, you agreed to and did make the purchase. The representations made by the seller are legally "material" as they went to the foundation of the deal. The fact that the representations were specific, rather than general, will legally hold of the seller to those representations.You have a right to cancel the deal and get your money back. It's good that you are getting the repair shop to do a full write up to support your position. If the seller does not give you all of your money back, you can take the seller to court. If successful, which it sounds like will be the case, the court will order not only refund of the amount you paid, but any costs and expenses of bringing the lawsuit against the seller, and any other reasonable damages that could've been expected to flow from the transaction, such as repair shop costs.Good luck!I hope this helps. If you need additional information or clarification, just let me know and I'll continue providing assistance. If your question was answered, please remember to leave a positive rating where indicated. Five star ratings are especially appreciated!Best,
Attorney 1
Attorney 1
Attorney 1, Attorney
Category: Real Estate Law
Satisfied Customers: 2,777
Experience: Knowledgable and Experienced Attorney
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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