Were the Kiesels entitled to the trailers purchase price? Edward and Kelly Kiesel bought a new pull behind trailer from
Edward and Kelly Kiesel bought a new pull behind trailer from James Lile, the owner of Lile’s Trailer Sales. That same day, the couple took their new trailer on its first outing. Because this was a camping trip, it rained all night, and in the morning, the Kiesels noticed water inside the trailer near the door. The next time it rained, Edward noticed more water pooling in various parts of the trailer. A week later, Edward brought the trailer in for repairs.
Lile repaired the roof, using new silicone. However, a week later the trailer again leaked, and Kelly reported this to Lile, demanding a full refund. Lile refused a refund but offered to seal any leaks, replace interior walls, and sand and paint the exterior. The Kiesels instead took the trailer to a different auto body shop, where the owner said that extensive interior rust indicated the trailer had leaked longer than the Kiesels owned it. The Kiesels sued. Lile claimed that the Kiesels had accepted the vehicle and unfairly refused repairs. The trial court awarded the Kiesels the full price of the trailer, and Lile appealed.
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Question Posted: December 20, 2012 03:03:08