Can I get my money back or stop paying more than the value of my RV?
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Can I get my money back or stop paying more than the value of my RV?
I am purchasing an RV travel trailer from an individual owner via facebook. She has owned it one month prior to selling to me. She said that she lived in it and everything worked perfectly. Then she
stayed in it through the hurricane and said a tree messed up the roof which caused leaks and she left right after the hurricane. It is a 20 year old 27′ 5th wheel hitch travel trailer. We agreed to $1500 with $500 down and no specific payment plan. I move in and half the lights do not work. Trash was
stuffed in every cubby. Coffee filters with grounds in them were stuffed in the toilet. All of the attachments septic hoses, water hoses, anything that was removable was no longer there. The
propane doesnt work, stove and oven both off, lights on half the trailer do not work, fridge did not work and had bugs and grubs inside, got thrown out, the toilet had a leak and has to be replaced, all of the walls and ceiling are soft as mush and has to be redone. There was already rubber roof on top
which clearly shows it has been there awhile and not new post-hurricane. I bought it right after the
hurricane and she said she had not been back since then. When i told her about the problems she referred me to the handbook and said it all worked before, read howney, or sue for all of my adaches with it?
Asked on December 5, 2017 under Real Estate Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can sue the owner of the RV for fraud. Fraud is the intentional misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment.
In other words, you would not have purchased the RV had you known its true condition.
You can stop making payments and sue for fraud to recover what you already paid (your out-of-pocket loss). You can also seek punitive damages in your lawsuit for fraud. Punitive damages are a substantial amount to punish the intentional wrongful act (fraud) perpetrated by the seller.
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