We ordered a custom built Trailer (01/17/06), after a longer wait than promised the Trailer arrived only to find some options missing and the hitch weight to be Lbs600 more than advertised, so they came and picked it up to get fixed, when it came back it's still missing some options and the hitch weight is now Lbs425 more than specified on manufacturer's web site, now thy are offering to take it back again to get it fixed. We know that the trailer can't be fixed but we need the trailer for immediate use or a refund to buy another one; they said no refund no discount send it back and we'll fix it.
What can we do? Can we use it then go to court for a discount ?

This will be mostly, granted not all, about the terms of the contract.

My thought:

Read it word for word. Look for their promise or stated responsibility on correcting problems. If you see/feel the've breached it, file in small claims (after confirming that it is within the amount allowed for small claims in your local court) today.

Don't use it. You may negate a remedy allowed you by using it.

If you can scan and attach the contract, that would help us help you further.
If you do this, be sure to tell us where you're located; that will help.

Hello hader:

Nope! Don't use it! That will severely weaken your case.

excon

Actually you should not accept delivery of it,

You will need to sue for the cost to fix the trailer to the specs you ordered, and if that can't be done the entire price of the trailer.

If you use the trailer as noted, they could come back to show that it was usable as delivered.

When any item is ordered, first the full amount should never be paid prior to delivery, and if you have to pay by credit card which can be disputed.

But in general, the day it arrived why was it accepted?

Thank You All For Answering,
The Trailer was ordered through phone/internet, the dealer Texas Truck Tops is in San Antonio TX (120 miles away from us), the Manufacturer is Haulmark in Dunkan OK; first time it was delivered we failed to inspect it, the 2nd time it came in the middle of the night and didn't get to inspect it till AM. Now the manufacturer wants to take in again to be fixed, the major problem is with tongue and we know that it can't be fixed (laws of physics); the manufacturer advertise it as 525 lbs hitch weight; first it came at 1150 lbs and now at 950 lbs, when we first hooked it the truck it tore the bumper of the frame.
The reason we were thinking about using it and then go to court is that this trailer is our home and where we work, we have to have something over our heads and maintain our business, we lost work because we didn't have it in time. All the problems (17 in total) we have with the trailer are things that don't meet manufacturer advertised specifications. They are giving us the run-around and the dealer is worthless. And yes we used a credit card for the purchase and still waiting on the credit card co.

Hello hader:

Oh, I know why you want to use it. I'm just telling you that you probably won't win your case if you do.

So, what have you done? It's been five days since you asked for help. Please explain what "waiting on the credit card company" means. Did you file a complaint with them? When? What happened about it? Something should have happened immediately.

In civil law, there is what's called a "Warrantee of Merchantability". It means, that an item must be fit for the purpose for which it is sold. In other words, if you order a meal from a restaurant, but it is unfit and can't be eaten (not that you just don't like it, but it must be UNFIT), then you are not obligated to pay for it.

Same thing with your trailer. If it can't be used as a trailer, then you don't have to pay for it. Doesn't matter a hoot what kind of warrantee your contract talks about.

Therefore, you've got to do something. File a small claims action against the Dealer that you bought it from. Do it today, but don't use the trailer or you'll lose. Obviously, if you use it, you aren't going to be able to complain later that it was unfit.

excon

Hi excon,
We filed a dispute of charges with the credit card co, this was 3 weeks ago they said it takes up to 60 days; our contention is that the trailer is not what we ordered and could not use it with out incurring additional expense.
Where do I file for small claim? In my county or the dealer's?
And if don't use it then I need to go to a different court; and sue for the whole $13,000.00 instead for the $5,000.00 to cover my additional expense to fix it and buy another truck for the sole purpose of pulling (this) trailer.
If the company had not stated that the hitch weight was 525 lbs we would not have ordered it because our truck can't handle it; does "Warrantee of Merchantability" apply in this case?
Thanks.

Hello again hader:

Which county? I don't know. Call the clerk of court in BOTH counties. They'll tell you.

I don't know what you're out. If you get back anything, what you're out is all you'll get back. If it's more than the statutory maximum of the court you claim in, then all you'll get is the maximum. You can't go to BOTH courts. Pick one. You won't get a new truck, and you won't get money to fix the trailer.

I'm not sure which claim you should make or both. If the trailer will work as a trailer (just not for your purposes), then the implied warrantee of merchantability wouldn't apply. If he just didn't give you what he said he would, then that's fraud. If he gave you what he said he would, but it was broken, then that's a warrantee issue or maybe even a shipping issue. If he gave you what he said he would, and you didn't know it wouldn't work, then I don't think you'll win.

The trailer should not be in your possession. I don't know why you have it. Because if you have it, you're not out anything (see above). Send it back immediately. If you have IT in your possession and you try to get back the money you paid for IT, the judge will laugh at you.

excon

I think what you said about fraud is what applies to this case; the manufacturer's advertised specification were not delivered. We don't have it in our possession by choice, unless they come and pick it up it'll cost us close to $ 600.00 to send it back. They offered to come and get it to so it can fixed; we know that it can't be brought specification, so when it's their possession we'll be in a different position.
Thanks again for your help.

hader

I don't know a lot about the legal issues here, but I haul RV's for a living. I have seen similar cases. The dealers hide behind warrantee. i.e.. You buy a new truck, engine isn't up to snuff, they fix it. They don't give you a new truck. A customer bought a brand new $40,000.00 trailer, all geared up for holidays at Easter. Brought it home, was getting ready for the holiday, and found the roof and front cap were leaking water. Would the dealer give him another trailer? NOPE. Said they would fix it. The customer didn't want it and I don't blame him one bit... He wanted a NEW trailer, but the dealer would not give in... warrantee issue, had to be sent back to the manufacturer. If you read the small print, they are not responsible for extra expenses incurred for warranty issues. Unless you have a special clause...
I think your only chance is fraud, if the problem can not be fixed and the manufactuer or dealer misrepresenting the item. I think as long as they are trying to correct the problem you will not have a leg to stand on.
The tongue is not where the problem lies. It is the axles. Axle placement determines your tongue weight.
I am interested to know how you make out on this.

Quote:

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Originally Posted by Let it Ride

I don't know a lot about the legal issues here, but I haul RV's for a living. I have seen similar cases. The dealers hide behind warrantee. ie. you buy a new truck, engine isn't up to snuff, they fix it. They don't give you a new truck. A customer bought a brand new $40,000.00 trailer, all geared up for holidays at Easter. Brought it home, was getting ready for the holiday, and found the roof and front cap were leaking water. Would the dealer give him another trailer? NOPE. Said they would fix it. The customer didn't want it and i don't blame him one bit... He wanted a NEW trailer, but the dealer would not give in... warrantee issue, had to be sent back to the manufacturer. If you read the small print, they are not responsible for extra expenses incurred for warantee issues. Unless you have a special clause...
I think your only chance is fraud, if the problem can not be fixed and the manufactuer or dealer misrepresenting the item. I think as long as they are trying to correct the problem you will not have a leg to stand on.
The tongue is not where the problem lies. It is the axles. Axle placement determines your tongue weight.
I am interested to know how you make out on this.

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The original post is from 2006 and I don't think the person has been back -