Can I sue the person that custom made my food trailer?

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Can I sue the person that custom made my food trailer?

I purchased a custom built trailer that will not pass a VIN Inspection by State
Patrol because he said it was ‘unsafe’ and ‘poorly built’. The officer even said
that we should try and get our money back. I have invested all of my time and
money to start this food truck and now I cannot move forward with my business
because the trailer does not have license plates on it. I cannot attend the
events I paid to be at because of this. I am losing a lot of money and the guy
that built it will not respond to me. Can I sue him?

Asked on June 19, 2018 under Business Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you most likely can sue him to recover the amount you paid for the trailer. When you hire someone to build something, or purchase an already-built item from them, there is an implied warranty (a warranty created by law, even if it is not in so many words in the contract/bill of sale/etc.) that the item will be "fit for its intended purpose." In the case of a trailer, that includes that it is road-legal and passes its VIN inspection, and a failure to pass the VIN would be a violation of the "implied warranty of fitness for a particular purpose." You can sue based on that violation.


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