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-   -   Verbal Agreement between buyer and seller (https://www.irv2.com/forums/f258/verbal-agreement-between-buyer-and-seller-558146.html)

Ramrod 10-24-2021 05:30 PM

Quote:

Originally Posted by ajaysarin (Post 5953539)
Hello all. I am currently in a situation with my recent purchase of a class A pusher. I am seeking advice as to what would be a fair option for both parties. I will try to explain it as simple as I can. I bought this rig with the understanding that the owner was going to have the generator repaired. Seems the mobile mechanic he used had a hard time to get it to run, he ended up throwing lots of parts at it, over $3k so he did attempt to make it right. On the day I went to pick it up the generator was in fact running and seem to have been running well So I did not hesitate so I paid him and took delivery. By the time I got home the generator was smoking beyond my belief. I called him he said its probably because it hasn't been run in so long. Well days went by weeks went by and problem did not go away and actually started to die after running for short periods of time. Then one day it would not start. Of course I talked to him he feels no responsibility. I have it a shop now they told me it has 2 dead cylinders. They found large amounts of starting fluid in the crankcase. Seem person who worked on it last attempted to start using a lot of starting fluid, that destroyed the engine.
Well a replacement generator is in the $12k range and to top it off backordered 6-9 months. My question or advice I am looking for is am wrong to think he is still responsible for it at the very least half. I feel bad it was not his fault he put his trust on the mobile mechanic. I don't see how I should be stuck with this entire bill for the generator. I am considering taking him to small claims court, I feel I dont have anything to loose. I would like to hear from anyone who may or may not have had any experiences with something like this.


We bought a used coach in 2019. I also purchased a Goodsam warranty on it. These warranties go into effect immediately upon purchase (no waiting period). If you had purchased one you would only be out the deductible. 2 months later we submitted a $5600 dollar claim and they paid it. Since then we had a $5200 dollar claim and they paid it. These warranties are paid monthly. No big upfront money.
I have used Goodsam on my last 3 coaches and they always pay the claim.

bpu699 10-24-2021 05:32 PM

Find a small engine mechanic to rebuild the motor. Parts are available, it’s pretty simple on most motors…

ruffian 10-24-2021 06:05 PM

Starting fluid
 
I know my question is a little off track but I am curious about the starting fluid in the crankcase.


Starting fluids have a low flash point and evaporate very quickly. If I read correctly, the generator was run numerous times before the mechanic opened the block. Seems to me the small amount of starting fluid which bypassed the rings, ending up in the crankcase, should have evaporated immediately when the genny started.

tj_weber 10-24-2021 06:26 PM

I would look at going after the mobile repair facility - if there is any state laws regarding warranty or repairs and/or if they get passed onto the new buyer. You are most likely out of luck with both the seller and the repair tech unless there is some warranty provided. If the repair tech has any licenses for certain work, and if anything regulated by the state, you could at least see if the mobile repair tech has any liability in your state.



Quote:

Originally Posted by Ljwt330 (Post 5953683)
Leave the seller alone, this is your problem.

You live in Ca. and used vehicle sales are “as is” unless provisions are in writing. Seller made good faith attempt to repair. Generator ran at time of purchase. Both you and the seller believed the generator was repaired. You accepted the repair, sale was completed. End of seller’s responsibility.

From your description, the generator could have very well been properly repaired when you bought it, but it suffered internal damage from oil diluted by starting fluid. That damage was due to repeated running, and the seller had no control over that.

Get it repaired and move on.


Rocadog 10-24-2021 06:33 PM

Regarding the OP thinking about taking the seller to small claims court, do some research for your state. In Washington, even if you win your case, the court is not a collections agent and you will be out of luck - from personal experience!

tetranz 10-24-2021 06:34 PM

Quote:

Originally Posted by tj_weber (Post 5961681)
I would look at going after the mobile repair facility

I think that would be a stretch since he is not their customer and never had any dealings with them. He would need copies of invoices etc from the seller.

frizfreleng 10-24-2021 07:39 PM

Quote:

Originally Posted by Arch Hoagland (Post 5953547)
Was there a sales contract?

All I read from the OP was "an agreement".

Franey 10-24-2021 08:00 PM

Quote:

Originally Posted by ajaysarin (Post 5953539)
Hello all. I am currently in a situation with my recent purchase of a class A pusher. I am seeking advice as to what would be a fair option for both parties. I will try to explain it as simple as I can. I bought this rig with the understanding that the owner was going to have the generator repaired. Seems the mobile mechanic he used had a hard time to get it to run, he ended up throwing lots of parts at it, over $3k so he did attempt to make it right. On the day I went to pick it up the generator was in fact running and seem to have been running well So I did not hesitate so I paid him and took delivery. By the time I got home the generator was smoking beyond my belief. I called him he said its probably because it hasn't been run in so long. Well days went by weeks went by and problem did not go away and actually started to die after running for short periods of time. Then one day it would not start. Of course I talked to him he feels no responsibility. I have it a shop now they told me it has 2 dead cylinders. They found large amounts of starting fluid in the crankcase. Seem person who worked on it last attempted to start using a lot of starting fluid, that destroyed the engine.
Well a replacement generator is in the $12k range and to top it off backordered 6-9 months. My question or advice I am looking for is am wrong to think he is still responsible for it at the very least half. I feel bad it was not his fault he put his trust on the mobile mechanic. I don't see how I should be stuck with this entire bill for the generator. I am considering taking him to small claims court, I feel I dont have anything to loose. I would like to hear from anyone who may or may not have had any experiences with something like this.

And large purchase should NEVER BE A VERBAL AGREEMENT. Used vehicles are always "as is" unless you get a queen contact. It is on you.

Do I think you got ripped off, YES, from my what you're mechanic found. Could you swing in court, A BIG MAYBE. This happens when buying from individuals.

Franey 10-25-2021 07:12 AM

Quote:

Originally Posted by frizfreleng (Post 5961761)
All I read from the OP was "an agreement".

A hand shake is not an agreement (contact) in the eyes of the law. He had no contract.

McLee 10-25-2021 09:12 AM

Check with an attorney. You may have a warranty remedy under the Uniform Commercial Code in your state.

McLee 10-25-2021 09:14 AM

Quote:

Originally Posted by Franey (Post 5962106)
A hand shake is not an agreement (contact) in the eyes of the law. He had no contract.

Oral contracts are enforceable in all states except for the purchase of land.

D Gardiner 10-25-2021 09:39 AM

Sorry to hear your troubles. Unfortunately, this sounds like its was a private sale, and not a dealer sale.

If so, then once you pay and drive away, the seller has no legal responsibility for what happens to the vehicle. If it was a dealer sale, then you need to check your States laws regarding vehicle sale transactions. The generator issue may, or may not be covered.

The mobile mechanic may very well have severely shortened the life of the diesel generator using Ether starting fluid. The problem is proving the mobile mechanic did it, and not the previous owner.
I'll speculate the engine was failing already, the diagnostic and/or repair was performed incorrectly. Lastly, in an effort to "make" the engine run, starting fluid was used, and that action caused further damaged.

In the end, you will need to have that generator removed, and either repaired or replaced. The next option is to locate a good used diesel generator from a salvage yard, such as Visone.

Quote:

Originally Posted by ajaysarin (Post 5953539)
Hello all. I am currently in a situation with my recent purchase of a class A pusher. I am seeking advice as to what would be a fair option for both parties. I will try to explain it as simple as I can. I bought this rig with the understanding that the owner was going to have the generator repaired. Seems the mobile mechanic he used had a hard time to get it to run, he ended up throwing lots of parts at it, over $3k so he did attempt to make it right. On the day I went to pick it up the generator was in fact running and seem to have been running well So I did not hesitate so I paid him and took delivery. By the time I got home the generator was smoking beyond my belief. I called him he said its probably because it hasn't been run in so long. Well days went by weeks went by and problem did not go away and actually started to die after running for short periods of time. Then one day it would not start. Of course I talked to him he feels no responsibility. I have it a shop now they told me it has 2 dead cylinders. They found large amounts of starting fluid in the crankcase. Seem person who worked on it last attempted to start using a lot of starting fluid, that destroyed the engine.
Well a replacement generator is in the $12k range and to top it off backordered 6-9 months. My question or advice I am looking for is am wrong to think he is still responsible for it at the very least half. I feel bad it was not his fault he put his trust on the mobile mechanic. I don't see how I should be stuck with this entire bill for the generator. I am considering taking him to small claims court, I feel I dont have anything to loose. I would like to hear from anyone who may or may not have had any experiences with something like this.


bpu699 10-25-2021 10:03 AM

Quote:

Originally Posted by McLee (Post 5962287)
Oral contracts are enforceable in all states except for the purchase of land.

Where did the seller warranty/guarantee the performance of the generator?

With any used object I buy, I would NEVER think of going back to the seller if it breaks... its USED...

McLee 10-25-2021 10:16 AM

Quote:

Originally Posted by bpu699 (Post 5962363)
Where did the seller warranty/guarantee the performance of the generator?

With any used object I buy, I would NEVER think of going back to the seller if it breaks... its USED...

Warranties can be implied. Every state has some version of the Uniform Commercial Code enacted into its statutes. The UCC has implied warranty provisions. I do not recall whether it applies to private sales. It has been a long time since I looked at the UCC, and it varies from state to state.That's why I suggested contacting an attorney in the state of purchase. Most attorneys will not charge for an initial consultation.


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