Hung out to dry by private seller
mrstacticalmedic
Reg. Dec 2005
Posted 2007-08-12 8:27 AM (#65651)
Subject: Hung out to dry by private seller



Extreme Veteran


Posts: 362
1001001002525
Location: Allegan, Michigan
Is there any recourse for buying a trailer that is supposedly road safe and ready to go? I paid a large sum for a 2002 3 horse GN. Got down the road about half hour away and the trailer brakes locked up, and the wiring fried my brake controller. Had to sit on the side of the road for close to 5 hours. Turned out this "immaculate" trailer had wiring all screwed up because someone had changed it from a 7way round to a 6 pin, and it wasn't done professionally,it was a home job. Cost me $312 to repair plus $140 for a hotel room. Then after I get it home, we had a rain storm and the thing leaked very badly where the air conditioner was put in (aftermarket). I bought the trailer in Indiana, I live in Michigan. 3 hr drive one way to go get the thing. I had asked them if anything was wrong I should know about before I made the drive. Was told NOTHING. In fact was told it was ready to go. So I assumed it was safe. (It was dusk when I picked up the trailer so not able to see very thoroughly). Obviously they had to have known about the leak in the roof. Boy was I wrong. So what recourse, if any, do I have?

Edited by mrstacticalmedic 2007-08-12 8:29 AM
share Top of the page Bottom of the page
notfromtexas
Reg. Jan 2007
Posted 2007-08-12 8:31 AM (#65652 - in reply to #65651)
Subject: RE: Hung out to dry by private seller


Veteran


Posts: 294
100100252525
Location: Fort Worth, Tx

I would contact the attorney general's office in Indiana to see if you have any recourse.  A good lesson to all to have a trailer checked out by a professional before buying if at all possible.  Good luck.

share Top of the page Bottom of the page
gard
Reg. Aug 2007
Posted 2007-08-12 9:34 AM (#65654 - in reply to #65651)
Subject: RE: Hung out to dry by private seller


Expert


Posts: 5870
50005001001001002525
Location: western PA

in most states a private sale differs from a dealer sale. In a private sale, unless a warranty is offered, the item is usually sold in an " as is, where is" condition. One person's defination of "it's ready to go" can vary greatly from another's.

Unless the seller specifically said he had made repairs and didn't, or he completely misrepresented the condition of the item, the buyer is on the hook. The buyer is expected to inspect his purchase before he makes the final payment.

Trying to obtain a judgement against the seller for misrepesenting the trailer is difficult at best, and adding the legal obstacles of an out of state prosecution will be time consuming and expensive.

Whenever a purchase is made, it is best to have a written review of the condition of the item being sold. This would include repairs and the present condition, signed by both parties. This will eliminate the "he said, she said" that sometimes occures later, and give each party a written record of the transaction.

Best of luck

share Top of the page Bottom of the page
IcePonyGoddess
Reg. Nov 2006
Posted 2007-08-12 10:12 AM (#65655 - in reply to #65651)
Subject: RE: Hung out to dry by private seller


Elite Veteran


Posts: 792
500100100252525
Location: East Tennessee, USA, Planet Earth
you can file a small claims file in IN. but you will need to return to IN for the court date. if you paid with a CC, you can file a CC dispute.

sorry that this happen to you. darn.

share Top of the page Bottom of the page
BigT
Reg. Oct 2003
Posted 2007-08-12 10:55 AM (#65659 - in reply to #65651)
Subject: RE: Hung out to dry by private seller


Extreme Veteran


Posts: 402
100100100100
Location: Lockport, Illinois

I have bought many trailers, and many of them have been wired differently. When I picked up my new Rustler, they had the marker lights and brakes crossed wired, so if someone stole the trailer, when they put the running lights on the brake would lock. My Trail-et is wired like a RV.  When I bought my Trail-et I had to pick it up another day, as I stated the wiring was different, and I had to call Trail-et for the proper wiring.

It is the buyers responsibility to make sure that all the lights are working correctly before they start home. If they are not working properly, either fix them yourself or have it done by someone else. I always carry a spare plub and a tester with me.

 

 

share Top of the page Bottom of the page
Cloud9
Reg. Feb 2006
Posted 2007-08-12 12:17 PM (#65660 - in reply to #65651)
Subject: RE: Hung out to dry by private seller


Extreme Veteran


Posts: 309
100100100
Location: MO
Buying from a private party is always "Buyer beware". Even buying from a dealer is often "as-is" without them actually stating that. It's worth a try to get some recourse. But don't bet the farm on getting any $$ back.
share Top of the page Bottom of the page
headhunter
Reg. Oct 2004
Posted 2007-08-12 1:33 PM (#65666 - in reply to #65651)
Subject: RE: Hung out to dry by private seller



Elite Veteran


Posts: 736
50010010025
Location: Western WA

I guess it depends on your definition of "good to go down the road".  If it was wired to work with the seller's truck, then it was good to go.  Probably a good heads up for a question to be on everybody's used trailer shopping list:  Is the plug compatible with my towing rig?  Did you do a pre-check of lights and brakes before you hit the road?

The A/C leak doesn't make it unfit to tow.  While it would have been nice to have them disclose that problem, it doesn't make the trailer unsafe or unsound. 

I bought my trailer site-unseen, and I would have liked to have known the screens in the horse area windows were torn and the wall matts were ripped.  The seller said they had used it less than 10x (the trailer was just a year old when I bought it).  They told me all the features they had never used (the shower in the LQ, the mattress was still wrapped in plastic, etc).  I "assumed" this meant the entire trailer was pristine.   I don't fault them for not telling me every little detail that would have been a deterrent to buying.  After all they were trying to get the trailer sold.  I feel it is my responsibility as the buyer to ask the right questions.  I didn't and had those surprises when I picked the trailer up, but they sure don't make the trailer unfit for use.  I figure its the price I pay for not having made two trips - one to inspect and one to buy.  I can fix alot of stuff for the cost of diesel and time to make another 16 hour round trip.  I am guessing since you made quite a trip too, you took the same risk.

So you are in a couple hundred bucks so far for the wiring issue.  Sealing the roof around the A/C won't be that much either.  Is the cost of another trip and the time to do it worth filing a small claims lawsuit?  Was the cost savings of this particular trailer so much greater than a trailer bought locally that you came out ahead in the end?

 

 

share Top of the page Bottom of the page
rose
Reg. Feb 2004
Posted 2007-08-12 1:56 PM (#65669 - in reply to #65651)
Subject: RE: Hung out to dry by private seller




10005001002525
Location: KY
Headhunter makes some very good points.  Really, the $$ you are out are really not bad in the big picture.  The 5 hours on the side of the road could have been prevented by the use of a membership in a road side assistance program.  Now having said that, if you are really intent on retribution against the seller, call one or more of the tv court shows.
share Top of the page Bottom of the page
Spooler
Reg. Aug 2006
Posted 2007-08-12 11:43 PM (#65695 - in reply to #65651)
Subject: RE: Hung out to dry by private seller


Extreme Veteran


Posts: 544
50025
Location: Claxton, Ga.

First GN trailer I bought I also had an issue with trailer wiring.  Had my stuff to check/ fix the wiring if I had an issue when I picked it up. Hooked up and dragged that thing 10 feet up a wet grass incline before I relized what was going on.  Unhooked trailer and pulled it out so I could work on it. Needless to say it started pouring rain so I just cut the brake wires and drove it home without brakes. Fixed it the 2 days later. When you buy something used, it's used. Things can and will happen.  The seller may or may not know about the problem. Just fix it and move on.

share Top of the page Bottom of the page
bechack
Reg. Mar 2006
Posted 2007-08-12 11:57 PM (#65696 - in reply to #65651)
Subject: RE: Hung out to dry by private seller


Veteran


Posts: 134
10025
Location: Coarsegold, CA

Did the previous owners store it in a barn?  Maybe they didn't know about the leak.  Leaks happen.

I tend to budget $200 at least to get a new rig to "work" with my truck, be it camper tie downs, new hitch, new wiring for different trailer....etc.  Yes, I have bought my share of unknown "fixer uppers"......

How old is it?  Over 3 years, replace the tires for good measure!

 

 

 

 

 

 

 

 

share Top of the page Bottom of the page
Gone
Reg. May 2005
Posted 2007-08-13 6:00 AM (#65697 - in reply to #65651)
Subject: RE: Hung out to dry by private seller


Elite Veteran


Posts: 1069
10002525
Location: MI.
Have you spoke with him about the issues with your trailer? Take him to small claims and try to recoup your losses. Believe it or not but his verbal words can be binding in court. He said there was nothing wrong and that it was ready to go......Do you have a contract/receipt that states he's selling it to you as is? If not, I'd be getting my paperwork in order and filing a claim.


share Top of the page Bottom of the page
hosspuller
Reg. Oct 2003
Posted 2007-08-13 7:17 AM (#65701 - in reply to #65651)
Subject: RE: Hung out to dry by private seller


Expert


Posts: 2953
20005001001001001002525
Location: North Carolina

I can understand your feelings on getting less than your expectations of a major purchase.

For the sums you're out, it's better to just make the trailer your own.  Fix the problems, enjoy the trailer features that you wanted.  Getting into our legal system is expensive and horrible to one's mental stability.

PS.. some home electrical jobs are far better than 99%  of "professional" trailer shop work.

share Top of the page Bottom of the page
Gone
Reg. May 2005
Posted 2007-08-13 8:37 AM (#65705 - in reply to #65651)
Subject: RE: Hung out to dry by private seller


Elite Veteran


Posts: 1069
10002525
Location: MI.
"Small claims."........Sometimes setting things right is needed. If this person is willing to let this go without feeling screwed in some way, then I say do leave it alone and count your losses. If it's going to bother this person, a point needs to be made.

Edited by Gone 2007-08-13 8:47 AM
share Top of the page Bottom of the page
crowleysridgegirl
Reg. Apr 2005
Posted 2007-08-13 9:16 AM (#65708 - in reply to #65651)
Subject: RE: Hung out to dry by private seller


Expert


Posts: 2614
2000500100

To me,the point/issue here is: they LIED.You say you were told NOTHING was wrong.Nothing means nothing,not anything,notta,no wiring problems,air conditioner doesn't have a leak.

If they've been pulling the trailer they knew the problems.If they have had it sitting up,a leak could develop,if it was outside,but the wiring is a different story.Did they require a 6prong for their vehicle? If they used the same setup as you,then they are bound to know it didn't work.

Short of going through a great big hassle,if that's what you want to do,I would at least have a conversation with them in the form of a letter that I keep a copy of,letting them know that I'm aware they lied to me in order to make a sale.Of course THEY know they did.I would just want them to know that now I too know they are liars.

And,were you using the same 6pin on your tow vehicle as they were,or did you have to change back to a 7?We've been through this about every time we've bought another trailer,having to have one rewired,and using adapters,ect.You can do it yourself,hosspuller,granted,but,you've got to know what you're doing.

share Top of the page Bottom of the page
flyinghfarm
Reg. Mar 2004
Posted 2007-08-13 10:03 AM (#65716 - in reply to #65651)
Subject: RE: Hung out to dry by private seller


Expert


Posts: 1205
1000100100
Location: Arkansas
We sold a GN flatbed trailer to a relative, 6 hole wiring.  Guaranteed it in every way.  Delivered it to her.  First time she used it, she called on the cell and said it sure pulled hard.  I told her to pull over, unplug it, and see if it pulled better.  Much improved she said.  Then I asked, are you using an adapter from the 6 hole trailer to the 7 way truck plug.  Yes, and the adapter had the brakes on the center post, and the trailer had em on the side.  So she was pulling it with the brakes locked, and had to replace all 4 tires as they had just about burnt where they were sliding.  She was not mad, she knew the trailer worked fine, she just did not realize the adapter she bought was not the right one.  I did tell her over the phone how to swap the wires in that adapter (that was interesting!) and she got it done.  Just saying sometimes that stuff can happen through an accidental mishap, as that did.  If that trailer of the OP was shedded, they might not have had that leak at an earlier time, and who knows about the wiring job....if it worked for the seller, they might not have known it was going to be incorrect for the buyer.  Sometimes people are just ignorant of these differences and not  deliberately ripping people off.  I am not sure how I would handle this, the leak around the AC I could deal with, I never go anywhere without the "wiring" tacklebox (!) but the 5 hours on the side of the road would kill me!  (now that I have US rider, maybe that would not happen!)  So, if nothing else, when you buy a trailer, run a water hose over it looking for leaks before you leave with it, for you and the sellers benefit....and really check the lights and braking systems before you get out on the road........lessons for us all.
share Top of the page Bottom of the page
crowleysridgegirl
Reg. Apr 2005
Posted 2007-08-13 10:44 AM (#65718 - in reply to #65716)
Subject: RE: Hung out to dry by private seller


Expert


Posts: 2614
2000500100

So,they didn't intentionally lie,but,come off as liars anyway.I wouldn't want to be either if I were them,so,I think if I were the OP I'd call them and tell them,"Hey,look,this is what you told me when I called,and this is what happened." And yes,stuff can happen,but I'd want to hear what they had to say in the way of an explaination first.

If they are lying,they themselves and Somebody Else knows it.

share Top of the page Bottom of the page
farmbabe
Reg. Nov 2003
Posted 2007-08-13 12:04 PM (#65727 - in reply to #65651)
Subject: RE: Hung out to dry by private seller


Expert


Posts: 1723
1000500100100
Location: michigan
Well hold on there- perhaps the trailer was, in fact, working well for them. Caulking can dry out,create leaks that perhaps weren't there when they put the trailer away. If the 6 way plug worked for them, they didn't lie. Sometimes, people aren't lying, they just didn't know there was a problem.....
share Top of the page Bottom of the page
cutter4life
Reg. Mar 2007
Posted 2007-08-13 12:06 PM (#65728 - in reply to #65651)
Subject: RE: Hung out to dry by private seller


Regular


Posts: 71
2525
Location: Northern CA

Usually private sellers don't have to offer any information that is not asked of them. They may not have known that the wiring was uncompatible with your truck. My experience buying used trailers (or used anything for that matter) is don't buy unless it is a really good deal and in good shape, have it checked out by a professional and always allow about $1,000 for any immediate upgrades, repairs, etc. Unfortunately, used is used. If the rest of your trailer is sound and in good running shape, then the wiring and leaking AC should be easy fixes that won't cost too much $$ for repair.        

share Top of the page Bottom of the page
HWBar
Reg. Nov 2005
Posted 2007-08-13 12:18 PM (#65730 - in reply to #65651)
Subject: RE: Hung out to dry by private seller



Expert


Posts: 1283
1000100100252525
Location: Home of Wild Turkey Whiskey
Back in the "old days" before you could buy trucks pre-wired for trailers I bet half of the trucks/trailers were wired wrong. You don't see it so much anymore because trucks are wired from the factory or you buy the "T" for the wiring. As far as an Air Conditioner leaking that would be four bolts that need to be tightened, I would say relax and enjoy your new trailer, unless you paid to much for it to begin with.
share Top of the page Bottom of the page
Terri
Reg. Jan 2004
Posted 2007-08-13 12:56 PM (#65736 - in reply to #65708)
Subject: RE: Hung out to dry by private seller



Expert


Posts: 2828
200050010010010025
Location: Southern New Mexico

To me,the point/issue here is: they LIED.You say you were told NOTHING was wrong.Nothing means nothing,not anything,notta,no wiring problems,air conditioner doesn't have a leak.

 

I don't know about the air conditioner leak, but the wiring is almost ALWAYS going to be different from one truck to the next.  There really isn't a standard.  My old trailer was wired to run with my ford, when I traded in my ford for a dodge I had to rewire my trails west because the trucks were wired differently.  When I traded in that trailer for my featherlite, I had to rewire the featherlite to match my dodge truck.

share Top of the page Bottom of the page
farmbabe
Reg. Nov 2003
Posted 2007-08-13 2:21 PM (#65744 - in reply to #65651)
Subject: RE: Hung out to dry by private seller


Expert


Posts: 1723
1000500100100
Location: michigan

 I have no dog in this fight other than to say, we don't know if they lied, knowing full and well the leak was there AND the wiring would be a problem OR they were mistaken,unaware a leak had developed AND the wiring would be a problem with your truck. Unless you have something in writing, most private sales are "as is".

share Top of the page Bottom of the page
crowleysridgegirl
Reg. Apr 2005
Posted 2007-08-13 3:36 PM (#65749 - in reply to #65744)
Subject: RE: Hung out to dry by private seller


Expert


Posts: 2614
2000500100
Well,y'all,whatever you want to think and say.I'm going by her post,and what she is saying,such as,"Immaculate" did they present it as that? And she also said,obviously they had to have known about the leak.So going by what she says,yeah,it looks like they knew they were shafting her.Maybe they didn't know about the problems,but if you read what SHE says,it looks as if they did.
share Top of the page Bottom of the page
crowleysridgegirl
Reg. Apr 2005
Posted 2007-08-13 3:39 PM (#65750 - in reply to #65749)
Subject: RE: Hung out to dry by private seller


Expert


Posts: 2614
2000500100

AND,if I were her,instead of watching everyone argue about whether or not she was sold a trailer by liars/unaware sellers,I think I'd give them a call personally.And see what they have to say.And don't start off telling them what is wrong.Tell them that there were a couple of screwed up things wrong with the trailer that caused me to have to sit on the road 5 hours and spend some extra money due to the trailer they sold,and see their reaction.

She can handle it herself from this point on.I just know what I'd do if I were her,being under the apparent impression that she is under that they shafted her.

share Top of the page Bottom of the page
Duckman
Reg. Oct 2004
Posted 2007-08-13 4:21 PM (#65754 - in reply to #65651)
Subject: RE: Hung out to dry by private seller


Veteran


Posts: 201
100100
share Top of the page Bottom of the page
farmbabe
Reg. Nov 2003
Posted 2007-08-13 4:39 PM (#65755 - in reply to #65651)
Subject: RE: Hung out to dry by private seller


Expert


Posts: 1723
1000500100100
Location: michigan

I agreee, I'd call them. Just to let them know and see if they will offer something. But don't hold your breath. private sellers general sell items as is...which means, you'd better do your homework or you'll have to deal with problems yourself later.

 

share Top of the page Bottom of the page
longearsrule
Reg. Apr 2006
Posted 2007-08-13 5:09 PM (#65757 - in reply to #65755)
Subject: RE: Hung out to dry by private seller



Extreme Veteran


Posts: 303
100100100
Location: Grapeland, Texas
I have to agree with some of the others, "as is", is "as is". Wiring can be tricky. When I bought my truck 4 yrs. ago and had the hitch and wiring done, they did it wrong and it fried the wiring harness. This was a professional, and they did rewire the truck for me for free. I also have some friends that if they had sold their trailer last year they would have told people everything was good, because the last time they had had it out it was. Well, they keep it in the barn and if it rained of course it was covered. They went out on a ride and it rained and the trailer leaked around the ac. The caulking had dried up and they didn't know it. So I guess if you buy a used trailer it wouldn't be a bad idea to run a hose over the roof for a while and see what happens.
share Top of the page Bottom of the page