Can a Trailer Seller be Sued Over Claims Made in an Ad
My question involves a consumer law issue in the State of: Texas
My situation is somewhat complicated.
Several weeks ago I drove 300 miles to buy a vintage trailer. Our plan was to park it in our back yard and remodel the interior and rent it out as an AirBnB room. I drove it back without inspecting anything and taking the sellers word that everything was functioning properly, as he had told me (plumbing, etc). i'm pretty handy, so even if there were issues it's nothing I can't take care of. There was no title. My plan was to get a bonded title.
I towed it 300 miles to my home with no problems at all. However, my truck started shuddering and the check engine light came on, warranting ~$2,000 in repairs the next day. To compound the problem, when we got the trailer home it wouldn't fit into our backyard space. So we decided to turn back around and sell it since we were starting to get pretty short on funds and we couldn't even use it for the reason we purchased it anymore.
I posted it on CL repeating what I had been told. I used the phrases "Plumbing, water heater, toilet, electric, and all appliances are all in fine working order", and "100% road ready", which I assume are the sole basis of the potential lawsuit.
I parked it at a storage unit and started preparing to sell it. A buyer came and inspected the trailer for an hour and a half, while I sat around and even pointed out potential issues, like the fact that there was a piece of rubber supporting the leaf spring that would likely have to be fixed. We tried out some of the appliances and it looked like they were not working, or that the propane was empty. The next day he came and inspected it for another hour (I have a keycard activity form that confirms this), where he plugged it into electricity and tested everything. When we hooked up the water system there were leaks in the plumbing. They were obvious, and because I had never tested it before, this was a surprise to both of us. I told him I felt bad about that so I offered him a $300 discount and he accepted. At the end of the day he gave me a check and bought the trailer, aware of the issues and knowing that there was no title. There was no deception here. I didn't force him to buy it after he saw the leaks and leaf spring issue.
Fast forward a week- he took the trailer to a friend who basically said, that the trailer is old and needs work. He contacted an attorney and threatened to sue me under the cause of me misrepresenting the trailer and engaging in deceptive commerce trade practices. He found out that the leaf spring issue would cause it not to pass inspection, which I wasn't aware of, so I said that because I felt bad I'd split the cost of the repairs with him. That wasn't enough. He keeps expecting me to pay for repairs for issues that he was well aware of during inspection.
My question is this; does this guy have a legitimate case to sue me if there's no title involved? I've never been sued before and want to negotiate, but it's hard when every time I ask him what items he expects me to pay for that he didn't see during inspection, and his reply is "my lawyer advised me not to discuss this with you". Could he take me to court and claim that he never saw anything during his 2.5 hours of inspection and sue me based on a complete lie? I don't understand why he would buy this after being aware of all the issues, then sue me for it.
Re: Sold a Camper Trailer, Buyer Inspected for 2.5 Hours, Now Buyer is Threatening to
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Could he take me to court and claim that he never saw anything during his 2.5 hours of inspection and sue me based on a complete lie?
Sure. It's done all the time.l
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I don't understand why he would buy this after being aware of all the issues, then sue me for it.
Because he's a whiner suffering from buyer's remorse.
There is no threaten to sue, there is only sue or not sue.
Meantime, it's all hot air. Bet he doesn't even have a lawyer and he's just trying to scare you into giving him his money back.
If you get sued you defend based on his thorough inspection and an AS IS sale.
Until then, I suggest you tell him something like "You bought it AS IS, you own it, don't call me again."
Then hang up, block his calls, emails, text, etc.
Talking is what gets you in trouble.
PS, did the check clear?
Re: Sold a Camper Trailer, Buyer Inspected for 2.5 Hours, Now Buyer is Threatening to
I told him all of those things. I'm consulting a lawyer to see if he has a legitimate case to decide if it's worth it to call his bluff or not. Or even if it's wise to settle some sort of deal. Right now he's asking for $2500 for misc repairs, all for things he inspected beforehand. I agree that he's suffering from serious buyers remorse.
The check did clear, as it was a bank check.
Re: Sold a Camper Trailer, Buyer Inspected for 2.5 Hours, Now Buyer is Threatening to
You do what you want but, mark my words, he'll see you as weak and he'll have you. Any settlement at all is a bad move. But that's up to you.
Re: Sold a Camper Trailer, Buyer Inspected for 2.5 Hours, Now Buyer is Threatening to
He could be full of it regarding some or all of his "miscellaneous repairs" I'd tell him to pound sand.
Re: Can a Vehicle Seller be Sued Over Claims Made in an Ad
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Quoting
tsl3
I posted it on CL repeating what I had been told. I used the phrases "Plumbing, water heater, toilet, electric, and all appliances are all in fine working order", and "100% road ready", which I assume are the sole basis of the potential lawsuit.
Except most of those claims appear to have been false, and you knew that you had no factual basis to make those claims, so that's a problem for you. I'm not going to be as dismissive of the possibility that you'll win the lawsuit as others here.
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Quoting tsl3
When we hooked up the water system there were leaks in the plumbing. They were obvious, and because I had never tested it before, this was a surprise to both of us.
You may have a defense to those leaks based on the $300 discount, but in your defense that it was a surprise to you, you are admitting that you made false claims in your ad.