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  1. #1
    Join Date
    Apr 2014
    Posts
    2

    Default Does a Private Seller Have to Give You a Refund After You Close the Deal

    My question involves a consumer law issue in the State of: California


    So we started the process yesterday of the sale, But upon inspection of the trailer I
    noticed that nothing worked inside of it when he originally Posted and told me that everything worked? Since his large Bulldog was right next to me and the fact that we were in his backyard in a private area discourage me from asking him directly for refund right then so I told him let's continue the sale tomorrow and weenjoy left thr paperworks halfway finished. So then, I left texted him to meet me somewhere public asking fot a refund on which he refused me. he told me that he was going to drive out the trailer and leave it outside for me to take and then he would stop contacting me?

    I am right now sitting outside my local police station to see what they can do for me? they open in about an hour so I am here are looking for legal advice?

    Some facts about the sale.Most of our communication happened over text which I documented and saved. the owner of the trailer did not have that's pink slip so he gave me a bill of sales which we filled out halfway? the things that are missing on the bill of sale are the make and model of the trailer the date of the sale is wrong and my address. I also have a documents or picture technically of his Craigslist ad saying that everything worked? I asked if everything works in person as well and he told me yes. Nothing works plus it has mold and rotten wood.

    You might be wondering why does it have my money in the first. Well I just moved to this city and back in my home town nothing like this ever happen to me before. I was a little to trusting at first.

    I just want my money back I really don't want A hassle so what is a a quick sollution?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Bought a Trailer Yesturday, Asking for a Refund Today. Seller is Saying No

    What law do you believe exists that requires the seller to give you a refund?

  3. #3
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Bought a Trailer Yesturday, Asking for a Refund Today. Seller is Saying No

    Tell the police that seller can't produce the title and as such, can't prove he owns the trailer. If he can't prove ownership, you don't know if it is stolen or not. You want your money back. Simple. Forget about all the other stuff like what works.

  4. #4
    Join Date
    Apr 2014
    Posts
    2

    Default Re: Bought a Trailer Yesturday, Asking for a Refund Today. Seller is Saying No

    Ok! So what will the police do? What should o bring or show them? Shiuld I shoe the the ad? Or text messages? Or bill of sales?

  5. #5
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Bought a Trailer Yesturday, Asking for a Refund Today. Seller is Saying No

    A trailer is a registered vehicle with a VIN and a title. If he can't produce the title you don't know if there is a lien on it or if he even owns it in the first place. If you gave him the money and he then failed to produce the title, the police may intervene and find out if he is the owner. I can't tell you what the outcome will be or if they will help. The police will not get into civil matters so if you want their help it must be on a legal level. No title, no sale.

    You don't have to show them anything except maybe the bill of sale he gave you. You asked for the title and he would not produce it. That's it. You want your money back.

  6. #6
    Join Date
    Jan 2014
    Posts
    118

    Default Re: Bought a Trailer Yesturday, Asking for a Refund Today. Seller is Saying No

    If you have any grounds to rescind the transaction it must rest with the issue or ownership of the trailer. If the guy didn't own it free and clear, he couldn't sell it in the manner that he did.

    You are not going to unwind the sale on the basis of the seller's alleged misrepresentations as to the unit's condition. Why?

    Because you had the opportunity of an independent inspection. And none of the conditions you now complaint about could have been so latent as not to be detected by even a cursory inspection.

    Next time you want to buy a used trailer, take your own and bigger bull dog.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Bought a Trailer Yesturday, Asking for a Refund Today. Seller is Saying No

    I don't see any reason you would be due a refund. You had the opportunity to inspect the trailer. You either did or refused to and then you accepted it as is at that point.


    a contract does not have to be in writing to be enforceable. The verbal contract backed by the documents that are available would be enforceable from what I see.

    the police will tell you it is a civil matter.

    do not pay for anything until you are satisfied with the condition it is in. It is very difficult to prove deception, especially if you had the opportunity to inspect the merchandise. If there is no included warranty, it is basically as is.

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