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View Full Version : Need some legal advice.



416exmx
02-27-2007, 04:52 PM
Last week I bought an 05 39' dump trailer form a guy 7hrs away. I saw 4 pictures of the trailer and all the pictures looked good with the exception of a dent in the drivers side of the trailer (the pictures were taked from prolly 40' away). It looked like you just put your shoulder into the side of it and made a little wave. So I talked to the guy for a while and he never mentioned the dent. So I asked him if there was a dent in it and he said "oh yeah, there is a little one". He explained about how it happened and so on. He said a wheel loader had bumped it one time while loading. I told him I could live with that dent and asked him if there was any other dents or anything else I need to know about the trailer. He said no. I asked him several times if the trailer had been rolled, wrecked, rebuilt, any work done to it and if it had a clear title. He said yes every time I ask. He assured it was a good trailer. I wired him the money down and sent one of my drivers down after it the next day.

My driver (who knows nothing about dump trailers) gets back with it that night. I look at it and I can instantly tell its been wrecked and rebuilt. I call the guy I bought it from and he said he had no idea it had been wrecked and said he would give my money back. I told him fair enough and I would pull it in the shop the next day and look it all over good and call him back. I get to lookin it over the next day and yes it had deffinatly been wrecked. It had over a dozen big dents/waves, it was tweaked and twisted super bad, has several cracks re-welded and last but not least has a slavage title. I got ahold of the original owner of the trailer and he said yes it had been totaled. I call the guy I bought it from back and he says he decided it was my baby and for me to rock it to sleep. He said I wasnt gettin my money back.

The title is a TN title and from what I understand even thought it is a salvaged trailer, the title will not show it as being salvage. It is some sort of crazy TN law that if the trailer weighs over 9,000lbs it will always have a cleat title. The guy lied to me and mis-represented the trailer. He KNEW it had been totaled and rebuilt. He was the one that rebuilt it. Also this guy never put the title in his name. It is still in the guys name who the bought it from. He sold it with an open title and there is another no-no.

Soooo, all you law students out there, what should I do?

Quadfather
02-27-2007, 05:24 PM
Buyer beware. This story sounds like the hundreds I've read in the seller's feedback thread. You wire, and or, send a bunch of money to some guy you know nothing about, never met, and taking his word for gospel.

It was a very foolish thing to do.


You might have a leg to stand on, seeing that he never had the title switched, and maybe you could prove he lied to you, but it's his word against yours. The bad thing is, if you decide to sue him, you'll have to do it in the town where he lives. You'll most likely end up making the drive three or four times, and most likely, you'll get nothing. If you do get a judgment against the guy, that's all you'll get, a piece of paper saying this guy owes you money. It will be up to you to collect it, and that can be extremely difficult, and expensive.

In the end, I think you will end up spending good money chasing bad money, and probably end up with an ulcer.

CorvetteZ06
02-27-2007, 05:37 PM
hey man, that really sux. I am a crim. justice major, and I will ask my prof. 2morow what he thinks, but when you buy used, that usually means you buy as is. like said above, he told you it was nevger wrecked, but its your word against his. If you had the convo taped that would be better. that sux that the title is not a salvage one.... ill find out what I can.

PSYCLONE
02-28-2007, 06:14 AM
I recommend you start drinking. Heavily.

7 speed
02-28-2007, 07:13 AM
You just learned an expensive lesson.
If you don't have his words in writing with a signature, whatever he verbally told you is worthless.

I doesn't matter what state your in.

Quad18star
02-28-2007, 07:27 AM
I would chalk it up as a lesson learned .... NEVER buy something without seeing it in person .

I don't think there's a whole lot you can do about it . As you said it was never branded as being in an accident ( and because of some law it would never be even if it was) , so technically the guy wasn't "lying " to you about the accident . His title says it's never been branded .

Now I don't agree with a guy saying there's only 1 dent , when in fact the vehicle is in absolute horrible shape .... but not all people in this world are 100% honest . I don't think you would have much of a case ... you bought it without seeing it in person .... :ermm:

450ERRRRRR!
02-28-2007, 08:09 AM
Sounds like a good ol'***** whopping is in order. I'd show up at his house and maybe he would call the cops and then might just call it quits and give you his money back. I've been down this road in small claims court and it's a joke. It will be up to you to collect not the courts so I wouldn't go this route.

7 speed
02-28-2007, 08:30 AM
Have dirty sex with his daughter, video tape it, and then post it all over the internet but make sure to send him a copy just to make sure he see's it.

:devil:

trick250r
02-28-2007, 08:42 AM
Originally posted by PSYCLONE
I recommend you start drinking. Heavily.


"i thought you were in pre-med...?" "pre-med, pre-law, whats the difference" hahaha good movie


anyway, im with everyone who said that you sent the money down without seeing the trailer. i wouldve given the money to the driver (in this case i wouldve sent a more knowelegeable driver to check out the trailer) and if it looked ok have him give the guy your money. but you may have a chance like everyone else said bc he didnt change the title. it also depends where at in tennesee hes at. if its a small town where everyone knows each other, most likely the judge will take his side just bc hes from there. of course you could appeal it but in the end it would probably just end up causing you more harm than good.