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What are my RIGHTS
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cooper08
Reg. Jun 2008
Posted 2008-06-17 10:08 AM (#85809)
Subject: What are my RIGHTS


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Location: Austin, TX
I was sold a trailer that was verbally told that everything worked and it was in good condition. The dealer knew that the trailer when I got it would be traveling the entire country and Canada. After picking up the trailer, I packed and left for Canada and the summer run the next day. Once on the road, I burned up because the AC would not blow cold air in Oklahoma and had the awning unravel and get shredded. Then I froze to death in Canada because the furnace would not blow hot air. The group of girls (bless them) and I were unable to bathe as that the shower would not hold water pressure. Now I am in Washington State, needing to get to Canada and from Texas with a trailer that has some structural weld breaks, a rotten floor in the horse area under some very sturdy mats and have been driving through the mountains with no brakes. Any ideas on what I can do to make this dealer take back the trailer?I have found a law that said "Every semitrailer, or trailer, or separate vehicle, attached by a drawbar or coupling to a towing vehicle, and having a gross weight of two tons, and all house trailers of 1,000 pounds gross weight or more, shall be equipped with brakes controlled or operated by the driver of the towing vehicle, which shall conform to the specifications set forth in subsection (e) of this section and shall be of a type approved by the Commissioner.It shall be unlawful for any person or corporation engaged in the business of selling house trailers at wholesale or retail to sell or offer for sale any house trailer which is not equipped with the brakes required by this subsection."The trailer was bought in North Carolina.
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retento
Reg. Aug 2004
Posted 2008-06-17 10:23 AM (#85810 - in reply to #85809)
Subject: RE: What are my RIGHTS


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You need to regroup and take a little responsibility on your own. First of all....Why did it take you from N.C. to Texas and then on to Washington state for you to realize that you didn't have any trailer brakes?? You should have checked that when you hooked up to the trailer the very first time. Did you pick up the trailer from the dealer in N.C.? Or, was the trailer delivered to you from N.C. to Texas? So far as the rest of it, (heat, AC, shower pressure, etc.) I don't know what to tell you. A lot of folks will tell you anything you want to hear these days if they think they're going to make a sale, specially if you live way cross country from them. Good luck, sounds like you're going to need it!!
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DaveM
Reg. Sep 2003
Posted 2008-06-17 10:56 AM (#85815 - in reply to #85810)
Subject: RE: What are my RIGHTS



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"Any ideas on what I can do to make this dealer take back the trailer?"

 

Have you tried talking to the dealer? 

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gard
Reg. Aug 2007
Posted 2008-06-17 10:56 AM (#85816 - in reply to #85809)
Subject: RE: What are my RIGHTS


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I don't know the laws on buying and selling trailers in your state. In some states, a trailer's sale would fall under the motor vehicle codes. With automobiles, a private sale is automatically considered an "as is" sale with no warranty. A dealership sale is automatically considered to have a warranty, unless a disclaimer is made to the contrary. A verbal contract is virtually worthless when it comes to the purchase of any vehicle.

It's tough to accept, but you didn't do your job well with your purchase. The "you should haves" would include a careful inspection of the structure and trying out each one of the appliances and utilities. A shake down cruise would have been desirable and a good opportunity to discover any faults, before a major trip was attempted.

Unless your bill of sale specifically states that certain items are working properly, or that they were recently repaired, you will have little recourse in obtaining a complete satisfaction. The statute you discovered may help with your brakes; no dealer is allowed to knowingly sell a dangerous product. They have to expend due diligence in selling a potentially hazardous product.

There is a portion of the law that includes a " warranty of merchantability". It means that a product has to work as intended. Generally, a horse trailer has to be able to haul horses. I don't know how far you would get stating that your LQ functions didn't perform as a LQ should.

Many problems could be eliminated by a proper inspection of a trailer before any purchase is made. Most owners have never seen their trailer's under carriage or even the bottom of the flooring. For such an expensive product, too many people are acting completely naive with their purchases. They are more concerned with the colours of the interior, than the mechanicals that get them safely down the road.

Best of luck   Gard



Edited by gard 2008-06-17 11:18 AM
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hosspuller
Reg. Oct 2003
Posted 2008-06-17 11:16 AM (#85819 - in reply to #85809)
Subject: RE: What are my RIGHTS


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Sounds to me that you have no "Rights"  just a lot of "Wrongs"   You bought a used trailer.  (Floors don't rot in a few weeks)  You going on an extended trip does not create a special legal obligation on the dealer.  Verbal agreements are worth exactly the value of the paper they're written on in a conflict such as yours.  You only have a gripe with the selling dealer unless you also managed to transfer a factory warranty to yourself.

Did all of the trailer's equipment operate correctly before you left home?  Seems like many of the posts like yours on this forum are caused by operator error.  (Do a search on unrolling awnings in this forum)

 PS:  Don't ask for legal advice on the Internet.  Like verbal contracts, the advice is only worth the electrons it's made of.

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HWBar
Reg. Nov 2005
Posted 2008-06-17 12:14 PM (#85825 - in reply to #85809)
Subject: RE: What are my RIGHTS



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I think you are out of your mind........... you buy a trailer and the very next day you go on a cross the country trip? Without checking things out at home? What are you smoking?.............

JEEEEEEEEEEZZZZZZZZZ!!!!!!!!!!

I say the dealer owes you NOTHING..... There is a certain amount of responsibility that lies with you to verify that the trailer is up to preforming to your expectations. Your expectations and the dealers idea of your expectations can be, and were, very different.



Edited by HWBar 2008-06-17 12:18 PM
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farmbabe
Reg. Nov 2003
Posted 2008-06-17 12:52 PM (#85830 - in reply to #85809)
Subject: RE: What are my RIGHTS


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New user- I smell a rat
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horsey1
Reg. Dec 2004
Posted 2008-06-17 1:08 PM (#85833 - in reply to #85809)
Subject: RE: What are my RIGHTS


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I smell should have purchased something with a written warranty....Notwithstanding that, work through the kinks. Its a done deal, be a grown up and live with it and learn from it.
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wendmil
Reg. Aug 2006
Posted 2008-06-17 1:37 PM (#85835 - in reply to #85809)
Subject: RE: What are my RIGHTS


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Originally written by cooper08 on 2008-06-17 10:08 AM
Now I am in Washington State, needing to get to Canada and from Texas with a trailer that has some structural weld breaks, a rotten floor in the horse area under some very sturdy mats and have been driving through the mountains with no brakes.

 

I don't mean to beat on you.... BUT when you said you packed the trailer and headed out..... hopefully that didn't mean WITH HORSES!  Why in the HECK would you put horses in a trailer that had not been checked over to be structurally sound and especially, why would you put them in a trailer with a rotten floor!  I would think that pulling up the mats would have been the 1st thing to do.... a rotten floor would have been a deal-breaker.  But that's just me I guess.



Edited by wendmil 2008-06-17 1:39 PM
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mrbotat
Reg. Aug 2007
Posted 2008-06-17 1:57 PM (#85838 - in reply to #85809)
Subject: RE: What are my RIGHTS


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Wow...I've never heard of anyone purchasing a trailer and the very next day heading out for a cross country & Canada trip! You definitely should have inspected the trailer completely and used it to make sure that there were no problems before setting out on a huge haul like that.
I purchased a 2001 Sundowner from a couple in North Carolina (I live in Michigan). When we got there every inch of the trailer was inspected and it was hauled before I handed over my $$
I did have from S.C. to Michigan to see if there were any problems with it and thankfully for me there weren't.
I would say the best option now is to work out all of your issues w/the dealer you purchased the trailer from.
Good Luck and next time.........Take the time!
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crowleysridgegirl
Reg. Apr 2005
Posted 2008-06-17 3:55 PM (#85848 - in reply to #85809)
Subject: RE: What are my RIGHTS


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Originally written by cooper08 on 2008-06-17 10:08 AM

, a rotten floor in the horse area under some very sturdy mats and have been driving through the mountains with no brakes. .

That would have been the first dang thing that I'd looked at when buying a trailer is the floor.Any time we've bought a used trailer,I'd pulled the mats and looked at the floor.Next thing,when hooked up,I would have noticed,was that there were NO BRAKES.

Sorry to make you feel bad,but heck fire,live and learn.You'll be lucky to unload that for anything like you paid for it unless you got it priced accordingly to the condition which I have a feeling you didn't.

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Snickers
Reg. Nov 2004
Posted 2008-06-17 6:27 PM (#85854 - in reply to #85809)
Subject: RE: What are my RIGHTS


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Every time I hook up the trailer I check the lights running ,stop and signals. As I am pulling out of the barn the breaks are checked as well. Sorry for all your problems and hope you get them resolved. As others have said most of this might have been avoided if you had checked the trailer prior to purchase. Heck, I purchased a NEW truck in 1982 was a ton single rear whee. Specs called for 8 ply tires on the front and 10ply on the rear, guess what the tires were reversed.
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Painted Horse
Reg. May 2005
Posted 2008-06-17 6:56 PM (#85855 - in reply to #85809)
Subject: RE: What are my RIGHTS



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I've not seen your trailer, So I really know nothing about your situation. In other words, I'm speaking in general terms and not accusing you of anything.

I build new homes. I occassionally have home owners call and complain about items. 99% of the time it's operator error. For example a fellow calls me up 2 months after he moved in and tells me his disposal is broken. We make a special trip out and find a Quarter inside the disposal, it's bent up and binding the blade up so the disposal doesn't work. We remove the quarter and charge him $100 service call ( it's a 30 mile drive out, 60 miles round trip). He's upset that we charged him a fee for  a warranty call which he thinks I should perform for free under my 1 year builders warranty.

Another woman calls and complains that her central vacuum doesn't work.  We make the trip out and run a snake through her vacuum pipes and pull out a womans thong. Now I gurantee that none of my workers left those around the job site. And we never turn on the built in central vacs to clean up construction debris. So it was something she vacuum'd up. Again I charged her for a service call and she complained to high heaven that I'm a terrible builder. Who was really at fault here.

You state your awning unrolled and got shredded. I suspect you didn't secure it properly.

You say the A/C did not blow cold in Oklahoma. Did it work in other states?  Was the temperatures in OK  really hot. Maybe just above the capacity of the system. I'm sure there are hot days when a standard A/C will not cool a horse trailer. If it was a new A/C, then maybe it did sustain an infant mortality failure, and the dealer or product manufacure will probably warranty that.  In my part of the country, I rarely ever use my A/C I don't know if it works or not. I just assume that since it worked when I bought it and I've never used it, that it still works.

I think a dealer owes you, and you should expect  a walk through when you buy a LQ trailer. He should show you how things operate. Just like a Ford Dealer shows you how to operate your new pickup truck. I really don't think you have any rights at this time except what is left of the manufactures warranty.  If your trailer has a 2 year frame and 5 year shell warranty and you are still within that period, Call the dealer/maufacture and have them service the unit. But give them a chance to fix anything that's not working. If it's used and out of warranty, You are out of luck.

It will be really hard to go back to a North Carolina dealer and say I hauled the trailer 3000 miles across the country and back 3000 miles across Canada and the brakes don't work now. The proof will be on you as to WHEN they stopped working.  Were they not working when you bought the trailer or did they stop working coming down off a 8% grade in the Rockies?

Does youyr furnace or A/C not work because a circuit breaker has pop'd or a pilot light has blown out? Those could be simple fixes, but if you don't know how to fix them, they will leave you sweating in the heat or cold at night.

Good luck, But be realistic of what you expect from the dealer and manufacture.



Edited by Painted Horse 2008-06-17 11:27 PM
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Lea Anne
Reg. Mar 2005
Posted 2008-06-17 8:52 PM (#85858 - in reply to #85809)
Subject: RE: What are my RIGHTS


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Whoooooa, now everybody!  Let's give Cooper a break!  I don't know her....how old she is....what her situation is, but it is a Man's World.  I was single 3 years, trying to trailer on my own.  The first truck I went shopping for ended up not being the right truck.  Three car dealers, Men, were going to sell me, and did sell me a F150 to pull a trailer with!  She may have been naive enough to believe whatever the salesman may have told her.  He said that the trailer was in good shape, knowing that she was going on an extended trip.  Sorry, but I put car salesmen right up there with lawyer!  lol.......you can't trust most of them.   Yes, most of us would have checked a lot of things..  First thing Cooper, go back to your dealer and see what he will do.  Let us know how you come out.
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hosspuller
Reg. Oct 2003
Posted 2008-06-17 9:55 PM (#85862 - in reply to #85858)
Subject: RE: What are my RIGHTS


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Originally written by Lea Anne on 2008-06-17 7:52 PM

Whoooooa, now everybody!  Let's give Cooper a break!  I don't know her....how old she is....what her situation is, but it is a Man's World.  I was single 3 years, trying to trailer on my own.  The first truck I went shopping for ended up not being the right truck.  Three car dealers, Men, were going to sell me, and did sell me a F150 to pull a trailer with!  She may have been naive enough to believe whatever the salesman may have told her.  He said that the trailer was in good shape, knowing that she was going on an extended trip.  Sorry, but I put car salesmen right up there with lawyer!  lol.......you can't trust most of them.   Yes, most of us would have checked a lot of things..  First thing Cooper, go back to your dealer and see what he will do.  Let us know how you come out.

Lea Anne ...  No sexism here ... Doesn't matter what sex a rube is.  The sharks are gonna eat him/her.  It's just a perception that women are not informed buyers of things mechanical.  In other words, an easy meal.  An informed woman can use that perception to her advantage. 

The uninformed man or woman... they get eaten.

Ignorance is costly.



Edited by hosspuller 2008-06-17 9:58 PM
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PaulChristenson
Reg. Jan 2007
Posted 2008-06-17 10:49 PM (#85869 - in reply to #85809)
Subject: RE: What are my RIGHTS


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On the diving forum...they had an expression for a post like this...

TROLL...

The trailer went from NC to TX...it therefore had to be inspected to be plated...sooooo

HOW DID IT PASS ITS INSPECTION WITHOUT BRAKES???

And he hooked up without turning on the A/C...etc...PLEASE...

 

If this isn't a TROLL...Let me apologize in advance...but then say you appear to have all of the qualifications to be a future DARWIN AWARD WINNER...

Or you may be related to Joe Btfsplk, the world's worst jinx, in this excerpt from the March 20, 1947 strip

http://en.wikipedia.org/wiki/Joe_Btfsplk



Edited by PaulChristenson 2008-06-17 10:55 PM
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gard
Reg. Aug 2007
Posted 2008-06-17 10:53 PM (#85870 - in reply to #85809)
Subject: RE: What are my RIGHTS


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We sure know how to greet a new member with grace, dignity and respect.
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DaveM
Reg. Sep 2003
Posted 2008-06-17 11:30 PM (#85876 - in reply to #85870)
Subject: RE: What are my RIGHTS



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Originally written by gard on 2008-06-17 10:53 PM

We sure know how to greet a new member with grace, dignity and respect.

Depends on what they came here for. 

 

Good night everyone.

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hosspuller
Reg. Oct 2003
Posted 2008-06-18 12:32 AM (#85880 - in reply to #85870)
Subject: RE: What are my RIGHTS


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Originally written by gard on 2008-06-17 9:53 PM

We sure know how to greet a new member with grace, dignity and respect.

Gard ... I'm generally one of the first in line to offer welcome and advice. 

I am put off by the OP's title request.  A cry for "My Rights" means to me a coming rant of how "someone did poor me wrong".   The OP's post unfortunately exceeded my lowest expectation.  Further, the OP was all about legal recourse, not personal responsibility and working relationships.  That attitude is a great peril to our country's future.  It has already modified behaviors to society's detriment.  (remember the "hauling other people's horse" thread on this forum?)

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gard
Reg. Aug 2007
Posted 2008-06-18 8:49 AM (#85890 - in reply to #85809)
Subject: RE: What are my RIGHTS


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Wow!  First we were assaulted by a naive trailer owner who was negligent in her purchasing inspection. When she asked if there were any legal redress, we called her names. Then we accused her of threatening the very fabric of our country's future and security. What's next? A conspiracy theory about nitrogen filled spare tires?

I thought this forum was about sharing information and good will; that the basic premise of innocent until proven guilty still reigned, and that first impressions are often faulty. I'm gullible and have been proven wrong in my impressions of various posters, but I have never witnessed this type of behavior in this forum. Is this the direction we are going? Do we still hang witches?

Gard

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Tx. Vaquero
Reg. Jun 2006
Posted 2008-06-18 10:31 AM (#85895 - in reply to #85890)
Subject: RE: What are my RIGHTS




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HWBar
Reg. Nov 2005
Posted 2008-06-18 2:56 PM (#85922 - in reply to #85890)
Subject: RE: What are my RIGHTS



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Originally written by gard on 2008-06-18 8:49 AM

Wow!........When she asked if there were any legal redress, we called her names. Then we accused her of threatening the very fabric of our country's future and security. Gard

 

 

Why is it our first recourse to try to sue someone?

Why do we think that a dealer should be "more" responsible that a buyer.

If "YOU" make a bad decision.......then deal with it. It was "YOU" that made it.

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DaveM
Reg. Sep 2003
Posted 2008-06-18 5:05 PM (#85932 - in reply to #85922)
Subject: RE: What are my RIGHTS



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Cooper, it sounds like you are very unhappy with your purchase.  We don't blame you.  Buyer's remorse is real, and a few product issues can really make you regret a decision to "just get on the road".  Especially, half way through your trip and new trailer - fuel prices spike even more.

What we're saying is that instead of seeking legal (trust me, most trailers DO come with brakes on them) reasons for taking the trailer back, we're suggesting a civilized dialogue with the dealer on the actual problems you are having - and we are very wary of first time posters who appear to have a personal agenda to reverse a purchase by using our boards as a  bully pulpit.

 

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loveduffy
Reg. Feb 2006
Posted 2008-06-18 9:04 PM (#85943 - in reply to #85932)
Subject: RE: What are my RIGHTS



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you have to give cooper credit for not naming the deal or saying bad thing about the dealer she just ask if there is any thing she could do about what she feels is a bad trailer deal so now she know what to do start with the dealer she got the trailer from
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Lynn0202
Reg. Jan 2004
Posted 2008-06-18 9:22 PM (#85944 - in reply to #85809)
Subject: RE: What are my RIGHTS



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Is Cooper08 going to response to any of this?

When my husband & I purchased our LQ trailer from Dixie H&M, they did an entire walk through of the LQ & horse areas showing us how to work everything & that everything worked properly. We also verified all the electricals worked between the truck and trailer before we pulled off the lot.

Something sounds a bit fishy to me. There are too many important details left out for us to really figure what's going on here.

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