Posted on 05/17/2021 6:10:24 AM PDT by rickmichaels
A case of buyer beware or sellers’ deceit?
A B.C. couple who purchased a motorhome in a private sale before driving it or even seeing it sued the sellers because they found it was unsafe to drive and said the sellers knew it.
Sandra Burnstad and Richard Long asked for the sellers to refund their $4,500 because the motorhome was “undriveable and unsellable.” They told B.C.’s civil resolution tribunal they hadn’t agreed to purchase it when they gave the sellers the full amount they asked for and were only taking it for a test drive.
They say first discovered the defects when they drove it using a two-day temporary licence and parked it on the road without registering their ownership.
That meant when the vehicle was eventually ticketed and towed, the tow company came after the sellers, Wilson and Amber McBride, for the $700-plus in tow and storage charges.
With the amount growing every day and the tow truck company threatening to turn the bill over to collections, the McBrides moved the vehicle to their property. They countersued for $5,000 for the towing and storage fees and the inconvenience of having to keep the motorhome on their property.
The McBrides told the tribunal the receipt stated it was an “as is” sale.
They also said when Burnstad first texted them in response to an online ad, they told her they had “several potential buyers” wanting to see it. Burnstad texted that she would buy it, sight unseen. The McBrides asked if she were sure, and she responded: “Dead serious.”
The McBrides had told her some of the ceiling panels were soft, related to moisture. Burnstad said she could fix anything, the tribunal noted, and e-transferred $3,000 that day.
But Burnstad and Long told the tribunal the money was meant only as a refundable deposit, and the McBrides shouldn’t have accepted the transfer until after they had viewed the motorhome in person and approved its condition.
“The parties’ text messages clearly show that the applicants agreed to purchase the motorhome for $4,500, without an inspection” or any conditions, tribunal member Chad McCarthy ruled.
He rejected the buyers’ contention the McBrides’ children “purposefully distracted them from seeing alleged problem areas” or that they had obtained a temporary licence only for a test drive.
He also noted Burnstad and Long tried to sell the motorhome online shortly after they bought it, proof they “owned the vehicle and knew they did.”
Burnstad and Long also alleged the McBrides “misrepresented” the condition of the motorhome by not disclosing the mould in the bathroom and rot in the walls. But he noted Burnstad texted: “If the engine runs, that’s all I care about,” adding, “no engine issues are alleged.”
Burnstad and Long submitted a letter from a restoration company that warned the vehicle shouldn’t be driven but McCarthy gave it no weight because the letter wasn’t expert evidence and “any structural and safety issues are unproven.”
And furthermore, the “as is” condition of the sale written on the receipt means the sellers doesn’t have to provide a durability warranty under B.C.’s sales of goods act, he wrote.
He dismissed the buyers’ claim of a refund and granted the McBrides their claim for towing, storage and inconvenience, of $783, and their $125 in filing fees.
It may be unlivable but it is obviously not un sellable.
I have zero sympathy for the buyers. 4500 is practically nothing for a motor home, which makes the price unto itself a sign that the motor home is badly deteriorated. And buying something like that sight unseen, is just plain stupid.
And going to court over 4500? Lawyer fees will exceed that, unless it’s a small claims court and they prosecute the case themselves. Still, they are dumb.
Gotta be attention seeking libs to be that mentally incompetent.
Buyers beware? How about don’t be a stupid buyer?
These buyers did everything wrong
1) 4500 RV would have issues somewhere
2) paid for it without even looking at it
Then they created a fake story of “test driving it”
come one, just own up to it that you screwed up
What is so wrong with that these days?
But, if you decide you want to, if you see any sign of bulging in the exterior panels, just keep going. It's called de-lamination, and is a sign of water intrusion within the exterior panels. The wall panels are separating. Do a search on the term for images of what to avoid.
No comments from this direction other than the
facts:
Richard Long was presumed dead (for years, now).
This, and a lesson to those shopping/selling on line: fraud
comes from any direction.
I guess they never watched Judge Judy.
There is no such thing as a ‘refundable deposit’ -unless they specifically said so in writing.
If you turn away other customers because someone gave you a deposit then you lose a sale if they change their mind.
NEVER take a ‘refundable deposit’
Must be an even slower than normal news day in Canada...
Stupid is as stupid does!!!!
If this was a ‘temporary test drive’ then why not drive it back to the seller?
It was already decided in the seller favor
When you make dumb purchased without looking at what you are buying, you deserve what you get
And lemon laws only apply to vehicles bought from licensed dealers in most jurisdictions.
It does not apply to private sales, this was a private sale
When buying anything used from a private sale, look at what you are buying first, if unsure walk, or at lest take it to someone who knows what they are looking at.
These people got what they deserved. $4500 is a cheap price to pay for invaluable education and life experiences.
Never trust a buyer to register a vehicle. This is why. You do it together or maybe put it in the mail together.
The buyer’s claim that the the McBrides’ (seller’s) children “purposefully distracted them from seeing alleged problem areas” is a hoot. Talk about grasping at straws.
The only thing funnier would have been if they had claimed their own children had prevented them from inspecting it.
I am the guy who has often bought cars sight unseen. Sometimes I get a deal, sometimes I get a stinker, sometimes it is in-between.
I used to live in the salt belt but liked older cars. So, I got my cars from Ebay and Craigslist from Texas, Florida, Tennessee.
The $520 1992 Mercury Grand Marquis was in beautiful shape cosmetically (minus cigarett burns in the headliner). I got home to Rockford, and the transmission failed on my first day going up a gentle hill. $1,200 later I was good, until I had engine problems. Less than a year later, the car caught fire and burned up. It never occurred to me to go to the seller in Florida to ask from my $520 back.
On the other hand, the $1,700 1994 Chevrolet Caprice Station Wagon was one of the best purchases I ever made in my life.
The ‘65 Chrysler 300 and and a 1994 Buick Roadmaster wagon fell in between.
All bought sight unseen, but all purchased knowing I was taking a chance, and getting a low price and the car I wanted in exchange.
“4500 is practically nothing for a motor home”
On top of that, it’s not even real money, it’s Canadian money.
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