You could approach the buyer with- if you are not completely sure about this purchase, we will be glad to refund the despoit and cancel the sale. I know you said non refundable but if you really want out, you have to refund the money. The non refundable generally covers YOu if the buyer backs out. They will probably not want to do this.

You could tell a fib and just say you'd thought it over and decided that at this time you dont want to sell your trailer.Then take a chance on sitting around trying to sell it to somebody who is going to talk you down on your price until you turn blue and sell it to them just to get rid of THEM.

Or,you could tell the folks buying it in a nice way<"Look,I've been as up front and honest about the trailer as I can be,and I need for you to understand something.Once it leaves here,it's yours,and it's not coming back,not to ME anyway." Then hand them a write-up that they can sign saying that in a more professional way.Then,don't answer the phone or mess with them anymore after they buy it.That's the way we do it around here.

My advice exactly.  Sell it.  Move on.  Caller ID is your friend.  And get a bill of sale that says paid in full, as is, no warranty implied or otherwise.

Have two identical bills of sale made up, stating as Hank said, " This trailer is being sold in an as is, where is  condition, with no warranties expressed or implied." Have a space for your name, the buyer, the sale price and the ser# and model name or number of the trailer.

Also have a statement on the sales agreement that states that the buyer has inspected the trailer and agrees to accept it in its present condition, and understands that there is no warranty. A second signature after that statement would not be out of line.

Each of you sign both agreements and you give him his choice of which one to keep, you keep the second. By having two original bills of sale, you have a legal document that protects you from any erroneous claims that might be made after the sale.

Once you accepted his deposit you have agreed to a binding contract. You can keep his deposit money if he backs out, you cannot back out if he comes up with the balance that is due. It varies in each state, but the balance due has to be presented within a timely period. This is usually agreed to by the buyer and seller, but normally does not exceed thirty days.

Do not give him the bill of sale and the title until he has paid in full and his check has cleared. Cash is best

BOL  Gard

Gard in his post has given you some good advice.  After the sale, the buyer has his choice of repair places to get the trailer fixed to their satisfaction... just not at your place or dime.

If they want a lot of after sale support, they should buy a new trailer under a warranty at a dealership ... and pay the price.

have them sign a bill of sale and make sure you write on it SOLD AS IS!

very common in this business

thanks to all,i haven't cashed the deposit check yet and if i get one more "stupid" question aske i'm thinking i'll just return his deposit as i have 2 other people waiting to buy it at the same price. thanks again

If you return his check and accept another you are subjecting yourself to civil liabilities. You can be sued for damages and penalties, in addition to the actual sale of the trailer.

A verbal contract was made, a check was given in good faith. You cannot change your mind simply because you do not like the buyer. The only way you can void the deal is if he doesn't pay the balance within your agreed upon time period.

You can easily be setting yourself up for litigation. Once you make a deal you have to live with it for better or worse. You are no better than your word, and if you break it you are nothing

Defending yourself with a lawyer will be much more disagreeable and expensive than the possibility of an overbearing buyer.

Gard

Agreed, unless second buyer pays more than the pita buyer.  Then yer ok. 

i'm going to go through with this sale because of several things you guys have said and i will make sure to get a bill of sale and state "as is"

Not necessarily.Car dealers do it all the time.It just means,"As you see it,it is what it is,no more,no less.Buy it like it sits or pass it by." That's what it means.

How do you know if a horse trailer is or isn't going to have problems down the road? Heck,I wouldn't.Unless I just knew it was rusted out,or had a bent frame or axle,ect.That's anything that a prospective buyer is free to check out before they buy the trailer if they so choose.

If you had a used trailer,and you told someone interested in it,"As is" what would that mean to YOU?

Norakatrina

When you left a deposit on the second trailer and agreed to a trade in price on your first trailer, you established a binding contract. The dealer is obligated to provide you with the trailer you ordered and give you your trade in allowance as agreed upon by both parties.

If the dealer has your money and will not complete the provisions of your contract, I would speak with an attorney. There usually is no charge for an initial consultation, and he can advise a course of action. Each state has specific provisions concerning contract law which must be followed.

Brenderup has no liability in your sale, other than to ask their dealer to play fairly. You would think that it would be in their best interest to have a satisfied user of their products.

Sometimes there only has to be a phone call or letter from an attorney to remind a person of his contractional duties and the penalties involved with non-compliance. He will then know that you are serious about resolving the problem. and will not be pushed around by his bullying.

BOL  Gard

And most of the time,folks are concerned with the tires,the flooring,the lights,and brakes,and that's about it.I mean,what the hell,there's not a whole lot there that can go wrong with a horse trailer,and as I said,I've sold 4 to individuals,and traded 2.All sales were "as is" and FYI,I'm an honest seller,have nothing to hide,and was honest and up front with everyone that bought my trailers.Same with all of the horses that I've sold,too.

You are right in saying that if you don't want to deal with any problems out of your pocket once you buy one from a person,because,that's what you'll do incidentally,go buy a new one.That's not a guarantee you won't have problems that a dealer won't fix free,either.Do a search on these forums and you'll find dozens of problems with dealers and new trailers,very few with people buying from individuals that had an understanding of what "as is" means.

Yes,well,now that's a whole different story,what the BUYERS think and do.I've had the same thing happen.Had a gal come look at a nice gelding I had for sale,and I do mean nice.Beautiful 16HH Missouri Foxtrotter with saddlebred looks.She rode him,her mother rode him,ect.She said she'd take him,and she was going home to get the money from some cattle she'd sold,and would bring the check back with her when she came to pick him up.WRONG.She called later,said,"I've found another horse that I think I want,it is closer to us,ect." Apparently she let a trailer trip keep her from a horse sale,I guess.She wanted us to haul him up there,and,we said we couldn't,we did not have the time available to us.She then said,"If you'd taken X--- for him,I would have gone ahead." I jumped right in the middle of her case with both feet,and said,in effect,"Why the hell did you waste our time by coming down here then telling a bald faced lie and saying you would buy him,going back home,then reneging because of the price? You knew what we were wanting for the horse when you left here,DINGBAT."

And,the stories could go on and on,but,I'll end here.