5th wheel camper was damaged after purchase?
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My brother bought a 5th wheel camper last week from a priveate person. He spent $4,200 on the camper. The camper looked to be in pretty decent shape. A few days ago, he paid a company that specializes in moving campers/rvs, and when the driver was moving it to my brothers property the camper fell apart. Most of the side is damage and the other side is damage as well. The driver said the wood was rotten and that is how it broke. When you touch the wood it's very wet and the wood crumbles in your hands. The previous owner is refusing to return the money to my brother. He has contacted a lawyer, but the lawyer stated that pretty much the only way to get his money back would be to either prove the guy knew the camper was rotted and/or that it was in a flood. A year ago we had a big flood in this area, so it could have been possible that it was flooded. Is there anyway that we can look up if the guy filed a insurance claim and/or how we can prove that it was flooded or not. The campground and marina where the camper was located at recieved 10% of the profit from the owner; thus, they are not too willing to give my brother any information. ANY SUGGESTIONS would be helpful. Also, my brother lives in Kentucky if that helps.
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Answer:
The Insurance Company the Campground uses is a matter of Public record, Yes you can get information as to whether if it was flooded or not. Then since it was information that should have been told to you as a buyer under full and honest disclosure on the sale of real estate (some states consider campers as second homes) the flooding should have been revealed to you and the actions taken to clean it up. 1. check and see if the Camper would be considered a 2nd Home 2. Sue for fraud as to the condition of the camper, all the seller had to say is that it was in good condition. 3. take pictures of the rot and cover the whole camper in a tarp...legally you must mitigate any further damages. 4. Take the previous owner to court. the burden of proof is that they should have known that the framing for the walls was rotted away especially if it was flooded....you should win.
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