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

JeffJaneDale 10-25-2021 10:26 AM

An important point to remember when dealing with contracts is that a verbal contract is only as good as the paper it's not written on.

Without a contract explaining the terms and conditions of the sale, you're stuck with any further repairs unless the seller is generous and will pick up the bill for repairs after it was inspected at the point of sale.

McLee 10-25-2021 10:42 AM

Quote:

Originally Posted by JeffJaneDale (Post 5962395)
Without a contract explaining the terms and conditions of the sale, you're stuck with any further repairs unless the seller is generous and will pick up the bill for repairs after it was inspected at the point of sale.

Indeed a written contact is far better than an oral one, but oral contracts are valid and enforceable. It all depends upon the testimony of the buyer and seller and how believable they are to the judge. It helps if there are emails, texts, phone messages, witnesses, or contemporaneous notes that record the intention of the parties. There might be an implied warranty, which is why I always write a simple bill of sale that says "AS IS" when I sell something major. A visit to any attorney for an initial, usually free, consultation, might be in order. A stern letter from any attorney might break things loose.

Country Road 10-25-2021 12:21 PM

Quote:

Originally Posted by McLee (Post 5962417)
Indeed a written contact is far better than an oral one, but oral contracts are valid and enforceable. It all depends upon the testimony of the buyer and seller and how believable they are to the judge. It helps if there are emails, texts, phone messages, witnesses, or contemporaneous notes that record the intention of the parties. There might be an implied warranty, which is why I always write a simple bill of sale that says "AS IS" when I sell something major. A visit to any attorney for an initial, usually free, consultation, might be in order. A stern letter from any attorney might break things loose.

Be aware. If you use a good, competent attorney, one that gets things done, the initial consultation will be built into their structured billing or if you decide not to use their services, you’ll likely get a statement showing what you owe.

inkahauts 10-25-2021 12:59 PM

If anyone should help pay it sounds to me it’d be the mechanic that didn’t fix it right. The seller is not at all responsible imho.

Reminds me of a friend who sold a condo. They guy who bought it rented it out three months later. Then called and said you owe me about 10k dollars because the refrigerator leaked and ruined all the floor and cabinets around it after they turned the water back on the day before the people where to move in.

brobox 10-25-2021 02:48 PM

Quote:

Originally Posted by McLee (Post 5962417)
Indeed a written contact is far better than an oral one, but oral contracts are valid and enforceable. It all depends upon the testimony of the buyer and seller and how believable they are to the judge. It helps if there are emails, texts, phone messages, witnesses, or contemporaneous notes that record the intention of the parties. There might be an implied warranty, which is why I always write a simple bill of sale that says "AS IS" when I sell something major. A visit to any attorney for an initial, usually free, consultation, might be in order. A stern letter from any attorney might break things loose.

I deal in rental contracts daily. Statue of Frauds in most states. A contract must be in writing to be enforceable. Unwritten contracts are a "he said, she said" and not enforceable. The statement, if texts, emails, etc. are available, they are written agreements, without those, there is nothing to enforce.
If I sold the MH and spent $3,000 with receipts for the agreed generator repair and it was running when the buyer was satisfied and wrote the check, it's a done deal. That is the delivery and acceptance of any contract. If I did everything I agreed to do on the sale, a letter from an attorney wouldn't scare me a bit.

bpu699 10-25-2021 03:11 PM

Quote:

Originally Posted by Country Road (Post 5962561)
Be aware. If you use a good, competent attorney, one that gets things done, the initial consultation will be built into their structured billing or if you decide not to use their services, you’ll likely get a statement showing what you owe.

Anyone who has been to court knows the math…

An attorney for a minor matter is a losing math equation.

Buyer here isn’t due a “new” generator under any scenario. He’s due repair costs or depreciated value under a best case scenario.

Call that $5000. Now start subtracting legal costs and retainers…

This isn’t a case for a lawyer. It’s a scenario where you lick your wounds and pay to fix it.

Mark 7 10-25-2021 05:20 PM

Caveat Emptor... Sorry, just my opinion.

Aharmmms 10-25-2021 08:03 PM

Quote:

Originally Posted by ajaysarin (Post 5953539)



10-25-2021

My responses in UPPER CASE


FACT 1: I bought this rig with the understanding that the owner was going to have the generator repaired.

FACT 2:By the time I got home the generator was smoking beyond my belief.

FACT 3: I have it a shop now they told me it has 2 dead cylinders.

FACT 4:They found large amounts of starting fluid in the crankcase.

FACT 5:Well a replacement generator is in the $12k range and to top it off back ordered 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. THERE IS NO PLAUSIBLE ANSWER TO THIS.



I am considering taking him to small claims court, I feel I dont have anything to loose. NOTHING TO LOSE AT ALL!!!


I would like to hear from anyone who may or may not have had any experiences with something like this. WHY LISTEN TO THOSE WHO "may not have had. . . ?"


ADVISE FROM A LAY PERSON:
1. WRITE YOUR DECLARATION STATING FACTS AND ARGUMENTS IN SUPPORT THEREOF;
2. DOCUMENT ALL YOU KNOW AND PROVIDE DOCUMENTS WHERE NECESSARY.
3. FILE YOU CLAIM FOR ALL IT'S WORTH

4. THE TRIER OF FACTS (the Judge) WILL DECIDE.


Regards,

Franey 10-25-2021 10:33 PM

Quote:

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

That may be so. But HARD to prove. In essence they are no good without witnesses. It is just one word against another. That's why you should Always get it in writing.

Ecuador Dave 10-25-2021 11:29 PM

Sorry for your situation.... iam currently in the search and this saga drives home to me the importance of having a inspection pre purchase.....again. Sorry for rough start.

mareca12 10-26-2021 11:02 AM

Caveat Emptor. I think you "own" the problem(s).

Ljwt330 10-26-2021 11:23 AM

Quote:

Originally Posted by Aharmmms (Post 5963162)


Originally Posted by ajaysarin https://www.irv2.com/forums/images/i...s/viewpost.gif



10-25-2021

My responses in UPPER CASE


FACT 1: I bought this rig with the understanding that the owner was going to have the generator repaired.

FACT: The seller spent a considerable amount to a repair service.
FACT: The generator was running when purchaser bought the RV.
FACT: The buyer accepted the generator as repaired.
FACT: The buyer paid for the RV, completing the selling agreement.


FACT 2:By the time I got home the generator was smoking beyond my belief.


FACT: Buyer continued to run generator for many days in spite of smoking condition.
FACT: Weeks passed before generator failed and was inspected by a shop.


FACT 3: I have it a shop now they told me it has 2 dead cylinders.

FACT 4:They found large amounts of starting fluid in the crankcase.

FACT 5:Well a replacement generator is in the $12k range and to top it off back ordered 6-9 months.









ADVISE FROM A LAY PERSON:
1. WRITE YOUR DECLARATION STATING FACTS AND ARGUMENTS IN SUPPORT THEREOF;
2. DOCUMENT ALL YOU KNOW AND PROVIDE DOCUMENTS WHERE NECESSARY.
3. FILE YOU CLAIM FOR ALL IT'S WORTH

4. THE TRIER OF FACTS (the Judge) WILL DECIDE.


Regards,

Some key facts you forgot to include, in red, all of which would be relevant if taken to court.

RoadTrip2084 10-26-2021 03:15 PM

Quote:

Originally Posted by Ecuador Dave (Post 5963315)
Sorry for your situation.... iam currently in the search and this saga drives home to me the importance of having a inspection pre purchase.....again. Sorry for rough start.

Then, in this same situation, you could post asking if suing the inspector made sense. :)

GORD CURRIE 10-27-2021 12:51 AM

Quote:

Originally Posted by IND2SLC (Post 5953743)
"As-is, where is" UNLESS the seller knowingly and intentionally made misleading or untruthful representations to a buyer regarding condition and/or operability prior to sale. It seems the mechanic did little more than soak the generator with ether to start it. I would question the seller about the alleged $3k repair bill and obtain the receipts for that work. If the mechanic made X repairs to the generator and was paid for it, there is some expectation the issue's been resolved. Starting fluid is used somewhat sparingly--there's a reason it's called "starting" fluid, not "running" fluid! But if this "mechanic" used so much it pooled up in the crankcase, then he clearly has no idea what he's doing and has apparently caused real damage. Hopefully he's insured. Beware these "mobile technicians". Anyone with a '98 Mercury Mystique, two screwdrivers, and a pair of jumper cables can be one. You should probably seek advice from an attorney.

Edit: I just realized you have a diesel generator. If this mobile mechanic used ether starting fluid in it, it will likely need rebuilt. Would be much cheaper to locate a used generator. Ether is for gas combustion engines, whereas diesels are compression engines.

Actually Either has been used to start Diesel Engines for over 70 years especially back in the before the 1950s I was born in 1952 through to 1980 in Cold weather absolutely necessary to start a diesel. Heavy equipment and hi-way Trucks had an either application Kit installed in the engine compartment with either a set of wires going to a push button in the cab or a cable going into the cab with a T handle to pull to spray either into the intake tube from air cleaner or direct into intake Manifold. the electric button operated a solinoid and T handle operated a mechanical lever.either cans were about 2 times or 3 times taller than the little either cans we have now. You said you had two dead cylinders so either you need new injectors or the piston rings are wore out possible broken and scored cylinder walls. YOUR ENGINE should be pulled apart and inspected for damage, it might be repairable. But, donot pay the rip off Dealer rates at $200 per hr. find a small shop, that will work for $50 TO $75 per hr. with an estimate after it is apart for rebuilding it with new parts. Born In the 50s fixing and driving an operating and now retired but still fixing when needed in my 2005 Travel Supreme 45 foot with 4 slides 500HP Cuminins with 12,500 KW Cuminins Onan Genset


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