Can we take the seller to small claims court if we purchased a used camper and the flooring is rotten?
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Can we take the seller to small claims court if we purchased a used camper and the flooring is rotten?
We purchased a used camper from an individual. We tore out the carpet which was really old and rotting. We discovered that the floor was rotted out in the bathroom and under the kitchen cabinets. We called to ask to return the camper since it is not usable. The man said he would work on getting the money and call us back. He never did call and won’t answer his phone. I sent him a letter requesting that he call. We got a letter from his lawyer stating that the original owner did not have to take the camper back because he sold it as is. Even though the owner admitted that he didn’t know. Can we get our money back?
Asked on June 19, 2012 under Business Law, Wyoming
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If it was an "as is" sale, you would only have grounds to rescind the sale (give back camper; get your money back) if you can show that the seller commited fraud. Fraud is the knowing or intentional misrepresentation (lie) of/about material (or important) facts. An omission, or failure to state a fact which a reasonable buyer would fully expect to be disclosed, can also sometimes consitute fraud, if knowing or intentional. In the situation you describe, if the seller knew of the rotten flooring and concealed that fact from you, you you may be able to rescind the sale; but if he didn't know, or you can't show that he knew (or should have known--that is, it would be almost impossible for someone in his position to not know), then you would be unable to hold him liable.
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