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
Thomas A. Grossman
Thomas A. Grossman
Answered

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.