Laurel, MS asked in Consumer Law, Arbitration / Mediation Law and Small Claims for Mississippi

Q: If a new trailer is sold without brakes, do I, the buyer, have any recourse?

Manufactured 2015, purchased 2016, tandem trailer with axles > 2000lbs gvw each was sold to me without brakes (unbeknownst to me). Is there any course of action I can take with the dealer (to get the brakes installed at least at their cost, perhaps)? What would be the legal recourse?

They sold a trailer that failed to meet MS Code § 63-7-51 requirements.

1 Lawyer Answer

A: When you buy a trailer or any similar product, you should always do so by getting a written contract. You then need to read the contract and see what you are buying, and if it matches what you thought you were buying. If it does not, you should not sigh it. If there is no written contract, then you are stuck with what was said to you verbally. If you didn't ask specifically if the brakes were on the trailers, then it is your own fault. it is called "Caveat Emptor," which means "Buyer Beware." You can always as the Dealer/seller to put brakes in, but he may not have to do it. With no written contract, it would be his word against yours. You could also take the Dealer to Small Claims Court, but again it may be his word against yours. I don't know what MS Code Section 63-7-51 is, so I can't help you with that. Sorry.

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