If I bought amotor home that was supposed to be 6 years oldbut it is actually 7 years old, do I have a right to appeal the sale?

I was wondering if I had a claim to challenge the sale of this motor home. Would this be considered fraud on the dealers part?

Asked on December 6, 2011 under General Practice, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

1)  If the seller knew of the age of the motor home, he/she/it may have committed fraud by misrepresenting the age; but if the seller did not know, then there may be no cause of action.

2) Furthermore, you could not rescind the sale (i.e. return the motor home and get your money back), unless the one extra year of age is a critical, or material, difference. However, if there was some misrepresentation, you may be able to recover the difference in value between a 6 and 7 year old motor home. (E.g. say that being the extra year older means its "blue book" value is $1,500 less...you might be able  to recover that amount.) However, if the seller will not voluntarily pay this amount, you'd have to sue, which may not be worthwhile economically.

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