Am I responsible for broken appliances after I sold a travel trailer?

UPDATED: Sep 3, 2011

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Am I responsible for broken appliances after I sold a travel trailer?

I sold our used travel trailer 3 days ago from private seller to private buyer. Yesterday the buyer informed me, that the refrigerator does not work. He wants me ether to by a new refrigerator or he wants his money back in exchange for the trailer – which he already registered in his name.

Asked on September 3, 2011 under Business Law, New Mexico


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In the sale of any item in this country, the seller is obligated to disclose all items known by the seller to a prospective buyer as to that item that would materially affect the desirability of the item by the prospective buyer or the price paid paid for the item.

If you had no knowledge of any problem with the used travel trailer before sale as to its refrigerator, then you have no obligation to the buyer to pay for a brand new one. The buyer purchased a used travel trailer and had the obligation to carefully inspect what was being purchased before the sale.

The buyer has the burden to establish that you knew before the sale that the refrigerator was not working. If he or she is able to prove this the most he or she would be entitled to would be the depreciated value of the trailer at the time of sale.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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