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Trailer Sale

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Last activity 2012-06-01 8:47 PM
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Q490264
Reg. May 2012
Posted 2012-05-31 5:46 PM (#144383)
Subject: Trailer Sale


New User


Posts: 2

Location: Missouri

I sold a horse trailer yesterday and today the lady called to say the rear axle was bent and wants me to take the trailer back. I told her it was sold AS IS and we never had an issue with the axle and therefore never had it looked at. I was honest about all I knew about the trailer and we even knocked 200.00 off so they could get new tires. I told her I would speak to my wife tonight when she gets off work. Can she sue me for her money back and if not what do I tell her when I call her back tonight?

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hornet
Reg. Mar 2010
Posted 2012-05-31 7:17 PM (#144386 - in reply to #144383)
Subject: RE: Trailer Sale


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Posts: 379
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Location: Missouri
Well unless you had her sign a bill of sale stating "no warranty expressed or implied" and "as is where is", then you'd probably have a 50/50 chance if she takes you to court. All my dealings I've used bill of sales, wordage found on line, that spells out I'm not warranting anything, buyer beware. That being said, I would be suspicious of the axle even being bent. If it was, that would change the toe or camber of the tires which you would definitely notice in tire wear. Some axles look bent, but it's the way they are designed, to the laymen person, they might not know this.

Edited by hornet 2012-05-31 7:18 PM
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gard
Reg. Aug 2007
Posted 2012-05-31 10:23 PM (#144395 - in reply to #144383)
Subject: RE: Trailer Sale


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Posts: 5870
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Location: western PA

All private sales, excepting those by "dealers" are considered as is. If he asked you about the axles' condition, and you told him they were perfect, that could bite you if you knowingly lied.

But if he didn't ask, and the matter wasn't discussed, it's his problem. Unless you specifically told the buyer that you have just had the axles changed, or recently had them checked, and had this in a written bill of sale, the buyer has no recourse.

It was his duty to inspect the trailer before purchase. If he didn't know how, it was his responsibility to hire someone who was knowledgeable enough to do so. If you never had tire issues on the one axle, it's doubtful that it is bent.

Your sale, under the law was, "as is, where is, no warranties expressed or implied."

Legally it's his problem. Morally, it's up to you.

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Q490264
Reg. May 2012
Posted 2012-06-01 6:31 AM (#144404 - in reply to #144383)
Subject: RE: Trailer Sale


New User


Posts: 2

Location: Missouri

Thank you for your responses.

 

The tires were all worn as we live in the country on gravel roads and trail ride. That is why we knocked off 200.00 to help offset the cost of buying new tires. As far as axle problems we were (are) clueless as we never had any noticeable issues. The left rear turn signal light would not flash and I told them the bulb needed replaced other than that we sold the trailer with a clear conscious and in good faith. We feel bad that they are going to spend more money on the trailer however when the trailer left here it was good and we have no idea what they did on the way home. For all we know they hit a ditch or ran into something and damaged it.

 

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lou
Reg. Aug 2009
Posted 2012-06-01 8:20 AM (#144406 - in reply to #144404)
Subject: RE: Trailer Sale


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Posts: 54
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Location: cleburne texas
I was trailer shopping a few years ago and looked under the trailer I was interested in and thought it looked bent.  I pulled it and no problem, took it to a shop, and it was like a previous poster said, the way it was made, no problem with it at all.  I would also say that when you buy something, you are responsible for it when you leave with it.  The seller has no control over what happens when it leaves their propety.
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Painted Horse
Reg. May 2005
Posted 2012-06-01 2:42 PM (#144419 - in reply to #144383)
Subject: RE: Trailer Sale



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Location: Northern Utah

I hit something a couple of years ago that bent my axles.  Took it into a shop that had a LARGE alaigment rack and they put the lazers on the wheels and aligned it.  With the read outs, They showed me how far out of alignment the wheels were and they placed hydralic jacks on the axle and bent it back into alignment. Gave me new print out.  The cost was $85 per axle is I remember right.

Bent axles will show up in rapid tire wear.  If they were bent prior to your selling the trailer, You should have seen the tires wear much faster than normal tires.  Maybe they did and you just chalked it up to living in the country and driving gravel roads.

1st question, is how did they determine the axle are bent?  How bent are they. It would not take a whole lot and you would be ruining new tires every 200 miles. When I bent my axle, Tire was destroyed in less than 30 miles and the brand new spare I put on was gone in less that 100 miles.

One option is to offer to pay all or some of the cost of having an alignment done with axle straightening,. Set a maximum amount that you will pay. Maybe $100 toward getting the axles straightened.

The choice is really up to you. Especially if their check has cleared and you have the cash.  You represented as truthfully as you knew. They had the opportunity to check out the trailer. So the burden rest on them for not more fully checking the trailer out.

Good luck.

 

 

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retento
Reg. Aug 2004
Posted 2012-06-01 3:37 PM (#144420 - in reply to #144383)
Subject: RE: Trailer Sale


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Location: Rocky Mount N.C.
Originally written by Q490264 on 2012-05-31 5:46 PM

I sold a horse trailer yesterday and today the lady called to say the rear axle was bent and wants me to take the trailer back. I told her it was sold AS IS and we never had an issue with the axle and therefore never had it looked at. I was honest about all I knew about the trailer and we even knocked 200.00 off so they could get new tires. I told her I would speak to my wife tonight when she gets off work. Can she sue me for her money back and if not what do I tell her when I call her back tonight?

 

 Sounds more like a case of buyers remorse... Lady must have not talked to husband about purchasing a trailer, he comes home and... SUPRISE!!!!

She has the trailer and title?.... Did she pay cash or give you a check? If check cleared the bank then it's Adios Amigo, it's a done deal. And don't let them pinch you for any more money, $200.00 or any kind of dollars...!!

 

 

 

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sinful
Reg. Oct 2003
Posted 2012-06-01 4:15 PM (#144421 - in reply to #144383)
Subject: RE: Trailer Sale



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Posts: 420
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Location: Iowa
Pretty Sure Retento is right.  It's not your problem anymore.  I wouldn't give back any money for anything.  
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trot-on
Reg. Dec 2009
Posted 2012-06-01 8:47 PM (#144423 - in reply to #144383)
Subject: RE: Trailer Sale


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Posts: 373
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Location: Texas
When I was looking at the trailer I just bought, I checked to see if the axles were off set by measuring from the outside edge or each wheel on one side, then compare to measurement on other side. It would not tell me if one was bent in an arch, but it would have shown me if one was way out front to back, by shoving one side of the wheels further apart, and the other closer.

Wonder what makes her think it was bent. Did she have it looked at? She could have done that before the purchase. You are not at any fault here....
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