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Old 03-18-2012, 07:38 AM   #18
Art-n-Marge
Montana Master
 
Join Date: Apr 2009
Location: Murrieta
Posts: 5,816
M.O.C. #9257
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Okay folks, there is a legal term for this and this is the dealer's responsibility whether they like it or not.

When someone has possession of another person's property they have a responsibility to return it in the same condition, absent normal wear and tear. In the case of this new trailer, the dealer had possession of the trailer and whether papers had signed it over or not, the trailer was stolen while in their care. This makes it the dealer's liability because they were in possession at the time and they had a responsibility to keep it safe and their insurance will probably take care of the loss.

I've certainly heard enough stories of someone driving right off the lot after purchasing and taking possession of a new vehicle or trailer, then immediately getting involved in a mishap or accident. In this case, the liability has returned to the owner and are now responsible for their own loss.

During these times are when having the proper insurance is so important, whether it's the owner or the party holding the owner's property. There are so many other what-ifs, but in this case, it seems pretty cut and dry. I am guessing if the dealer is credible, then they will cover it through their insurance and incur the costs of replacement. If they go beyond that, then it's a dealer I would return to since they've provided more than is deserved (newer model, same price, etc).

I'm no lawyer, but I believe I understand this to be the case and is why I'm providing this for free. If this doesn't work out this way, you're gonna need a lawyer to recover these damages which now adds the cost of litigation to their responsibility, but I'm guessing this won't happen in this case.

Hang in there, seahunter. I think the only loss will be time, for waiting for the replacement rig. I'm sorry for the loss, but hope you'll get your moment as new owners of a brand new Montana soon. I can't imagine the feelings of disappointment upon hearing the news after that long drive. Then the long drive back home without the trailer. Bummer.
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