What is the name of your state (only U.S. law)? Washington State
I recently purchased a 1990 camper from a private seller advertising his listing via Craigslist. Obviously taking leave of my senses and demonstrating I have no right to make financial decisions for myself, I chose to purchase the vehicle before having it inspected by an experienced mechanic. I explained to the seller that I had one condition regarding the purchase of the vehicle and that was that the vehicles engine function. I was informed that the vehicle was in good repair despite having sat for a year and a half and that the only issue was a battery that needed to be replaced necessitating that the vehicle be jumpstarted. The purchase price of the vehicle was $950.00. The seller signed the title and a bill-of-sale.
Within three-hundred feet of the sellers driveway the vehicle broke down in the middle of the intersection. My wife and I were required to immediately purchase a new-battery at the tune of $140.00 and we were barely able to get the vehicle to the nearest mechanic. We asked the mechanic to do the bare minimum required to make the vehicle run consistently without stalls or engine failures. We were charged $430.00 for repairs relating mainly to the distributor. The mechanic then offered to drop the vehicle off at our house where it promptly broke down in the middle of the driveway.
We were informed by the mechanic that we had been lied to concerning the condition of the vehicle. According to him the vehicle had been sitting for at least five years and would require over $5,000 in massive repairs to completely fix. The vehicle is now broken down in the driveway and requires thousands of dollars in repairs to bring to driving condition. I would like to return the vehicle to the seller due to the misrepresentation of the vehicles condition. I am interested in whether or not any viable legal options are available to me.
Currently, I have not signed the title or the bill-of-sale and do not technically own the vehicle. Do I have recourse then to pursue legal action to recover my costs based on the seller's misrepresentation and my decision not to sign a bill-of-sale or the title?
Would this exclude the cost of repairs due to the fact that they did not authorize me to repair their vehicle? Any information would be appreciated.
Please give up this crazy notion that any legal recourse you have against the seller hinges on the misconception THAT YOU DO NOT OWN THE TRAILER!
Because as Geekess has told you, “IT IS YOUR TRAILER”. Both “technically” and “legally”.
You have paid the seller’s asking price; you have taken possession; and the title document has been tendered to you. And that is all that the laws of the state of Washington require in order to pass title/ownership to tangible personal property.
(a) If the seller is to deliver a tangible document of title, title passes at the time when and the place where he or she delivers such documents and if the seller is to deliver an electronic document of title, title passes when the seller delivers the document; RCW 62A.2-401(2)(a
Also, ignore such uneducated guesswork from “sandyclaus” and others of her unschooled ilk that the unit was sold “AS IS’.
It was NOT sold “as is” for the simple reason that the seller represent that it was “in good repair”. If the seller had said nothing respecting the condition of the unit, then he might be able to claim that it was sold “as is”, but not when he went beyond.
But for several "
legal reasons" the fact that you determined that it was not in “good repair” does not equate to giving you a makable cause of action to sue the seller for rescission of the transaction and restitution of the purchase price.
One of those “
legal reasons” is that you had every opportunity to have the vehicle mechanically inspected before you closed on the deal.
Another is that the law recognizes and discounts a certain amount of
“seller buffing” and when it is so indefinable as “in good repair”’, “in fine condition”, etc. it will not hold up as a material misrepresentation upon which the buyer is entitled to rely to unwind the sale.
Particularly so in the case of used goods and when the buyer has the opportunity to reach his or her conclusions as to the condition of the goods before acceptance.
You have an uphill battle here and I frankly don’t think you’ll make it to the crest. Not without much more than you have disclosed here.
And again, this business of you not signing the bill of sale and/or certificate of title has no relevancy to the issue whatsoever.