Private Party Seller Responsibility

icemann427 · 08-02-2018, 06:09 AM

Does a private party have any type of responsibility for a warranty which would be implied when there is no written contract stating as is with no warranty? Or are those types of warranties for merchants, only? I purchased a trailer, yesterday, from a fellow who lives about 300 miles from me and I traveled 200 miles toward home before the wheel bearing gave out which ruined the tire, wheel, hub, and most probably the axle. Thanks.

jwasbury · 08-02-2018, 06:14 AM

caveat emptor

even if there was an implied warranty, you'd spend more money trying to collect on it than you will to simply fix the trailer and move on. Stuff happens. Sucks that you have to fix something you just bought.

Geary · 08-02-2018, 06:15 AM

Not answering your specific question, but having owned trailers and seeing firsthand how this failure can happen at any time, I wouldn't go long distance to pick up a used trailer without having a grease gun with me.

icemann427 · 08-02-2018, 06:17 AM

Yes, after seeing the broken hub, it was all rusty and had not been maintained, property. I was thinking I'd be able to make it home before having them maintained. I was thinking small claims court which costs little. Good point, Geary... Thanks, guys.

DonDavis · DonDavis's Garage

Obviously that stinks for you.
This is just me "bumping my gums", but I'd wager the seller had zero clue that would happen. Prob just wanted to sell a trailer.

icemann427 · 08-02-2018, 06:20 AM

Yep Don, I don't think he knew (other than the fact he should have known he hadn't maintained it.

1990C4S · 07:50 AM

Quote:

Originally Posted by icemann427

Yes, after seeing the broken hub, it was all rusty and had not been maintained, property. I was thinking I'd be able to make it home before having them maintained. I was thinking small claims court which costs little. Good point, Geary... Thanks, guys.

What you state above implies you knew it needed work, or at the very least maintenance, when you bought it.

You rolled the dice and lost. Is that on you or the seller?

To win in court you would need to prove that the seller both knew of the defect and he/she did not disclose it.

I could have some sympathy if you had a failure in five miles. At 200 miles on a used trailer (and it sounds like you didn't grease the hubs), I would side with the seller.

Implied warranty on a Craigslist purchase? SMH.

I will stop here out of politeness.

KFC911 · 08-02-2018, 07:53 AM

Fix it and move on. The seller didn't have a crystal ball, and apparently not even a grease gun

. You rolled the dice and lost....stuff happens.

ckelly78z · 08-02-2018, 08:07 AM

We live in Northern Ohio, and bought a VW Cabrio for my wife in Lexington Kentucky (4.5 hour drive). The test drive went well, so we bought it, and started driving home. About 1/2 way into the trip, a wheel bearing let loose, and we had to stop. My inlaws came down the next day with a trailer to retrieve it, and I never mentioned it to the used car dealer....Caveat emptor indeed !

icemann427 · 08-02-2018, 08:54 AM

I was just not happy due to the fact that he stated they were just maintained. I believed him. The only way I could tell if they weren't is if I removed the caps. After talking to him it is apparent that he did, indeed, take the trailer in for service, however, the mechanic, obviously, did not take care of at least that one.

Yep, I'll just move on...

onewhippedpuppy · 08-02-2018, 09:47 AM

Quote:

Originally Posted by jwasbury

caveat emptor

even if there was an implied warranty, you'd spend more money trying to collect on it than you will to simply fix the trailer and move on. Stuff happens. Sucks that you have to fix something you just bought.

Yup. In most states you'd be SOL even in court, typically private party purchases have no warranty and dealers are required to provide the standard form stating no warranty. Unless the seller explicitly provides a warranty, written or verbal, then there is no warranty. Your only other recourse is if the seller blatantly misrepresented the item, which is not the case here.

stomachmonkey · 08-02-2018, 09:59 AM

Quote:

Originally Posted by 1990C4S

What you state above implies you knew it needed work, or at the very least maintenance, when you bought it.

You rolled the dice and lost. Is that on you or the seller?

To win in court you would need to prove that the seller both knew of the defect and he/she did not disclose it.

I could have some sympathy if you had a failure in five miles. At 200 miles on a used trailer (and it sounds like you didn't grease the hubs), I would side with the seller.

Implied warranty on a Craigslist purchase? SMH.

I will stop here out of politeness.

Saved me some typing.

smokintr6 · 08-02-2018, 11:50 AM

I'm more confused about how anyone has the time to "go after" someone in small claims court. The universe will balance itself out whether you get the last penny you're owed on a craigslist deal, and the effort required to ensure a zero balance with the universe is astronomical vs just taking care of your purchased item as if it was your own responsibility, which it is.

stomachmonkey · 08-02-2018, 12:03 PM

This is the reason when I sell a used vehicle I very clearly advise the potential buyer to get an independent PPI.

A couple have been surprised I brought it up before them.

My response has always been, "i'm not a professional mechanic, as far as I know it's sound and has no issues (other than already disclosed). If you buy it the last time I want to see or hear from you is as you are driving away. In the unlikely event there is an issue a week or month from now, take it up with your mechanic"

Surprisingly, most decline the PPI after that exchange.

KFC911 · 08-02-2018, 12:04 PM

It's the new normal

.....I'm not normal

Replying to Smokin...

1990C4S · 08-02-2018, 12:05 PM

Quote:

Originally Posted by smokintr6

I'm more confused about how anyone has the time to "go after" someone in small claims court.

And he's 300 miles away...

I get it, I'd be pissed off too. If you want a warranty buy new. You can have a cheap trailer or a warranty.

Steve Carlton · 08-02-2018, 03:57 PM

I think you’re SOL unless the seller is an honorable guy and will help you.

HardDrive · 08-02-2018, 04:01 PM

Same thing happened to my dad. Bought a boat in Maine, 2 wheel bearings gave out in the middle of no where in New York.

I have to honest, if you didn't ask him directly about the last time the bearings were done, its kinda on your. Trailers are famous for bad bearings because they sit outside exposed and get immersed in water all the time.

Fix it and move on....and always carry a bearing kit with the trailer.

porsche930dude · porsche930dude's Garage

If someone told me they just fixed the bearings id immediately dig in and check it out. Most people make them too tight and thats when they fail.

Jim Richards · 08-02-2018, 04:59 PM

I used to trailer a sailboat that I raced throughout the SE USA. When on the road to an away regatta, I would stop periodically to check if either wheel bearing was getting unusually warm. This was on a trailer I owned and knew well. To not do this on an unknown trailer is irresponsible.