AI Legalese Decoder: Navigating Ontario’s Legal Waters for ‘As-Is’ Purchase of a Food Trailer with Propane Set-Up Issue and TSSA Regulations
- May 24, 2024
- Posted by: legaleseblogger
- Category: Related News
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# Legal Question Regarding Purchase of Food Trailer in Ontario, Canada and TSSA Inspection
Hey all,
I recently purchased a food truck in Ontario and took over the rented location from the previous owner who had been running the stationary food trailer for 4 years. While I knew there would be some work required to restore the trailer to its former glory, I was taken aback by the issues that arose.
Upon taking ownership, the previous owner’s propane supplier ceased their services. I contacted a local company to address the propane setup, only to find out that a TSSA inspection was required. The inspection revealed 31 faults in the propane system, with improper materials used throughout.
As a result, I am facing a significant bill and a delay in opening my business. While I acknowledge my own lack of knowledge in this area, I am questioning the legality of the previous owner selling a business that does not meet code standards. The propane tech indicated that the setup was dangerous and haphazard, raising concerns about the legality of the sale.
I am unsure of the best course of action in this situation. The tech mentioned that I could not sell the trailer in its current state, as the responsibility would then fall on me and future owners. This raises questions about the previous owner’s liability and my own legal standing.
I have reached out to the TSSA for guidance on potential recourse, but I am interested in hearing from others who may have experienced similar issues. While the sale was agreed upon in an “as-is” condition, I am wondering if there are still legal options available to hold the previous owner accountable for the unsafe setup.
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****** just grabbed a
Not a lawyer,
A few questions to ask:
How did the previous owner represent the truck to you? Did they make you aware that there were things that you would have to fix up? Did they lie to you at all and say things were all fine when they really weren’t?
What you have here is a contract.
You have a few elements you need to check off for a contract to be valid,
Offer,
acceptance of the offer,
awareness that you are entering a contract,
consideration for the offer(the money paid by you and the food truck given to you by the previous owner)
and capacity to contract(we’ll assume you’re of sound mind and not a child so we can disregard this).
If you accepted the offer based on fraudulently or negligently misrepresented claims then there’s potential for you to get out of this because you were accepting an offer that wasn’t actually there to accept making the contract of sale void.
It’s possible that there is some law that I’m not aware of that takes away the previous owner’s capacity to enter a contract to sell the truck but I find that highly unlikely, even if he didnt want to sell it as a food truck he could sell it for its scrap metal value. I’d do the legal research but I’ve got to get to bed soon. So I’ll just say that I doubt it. I’d also hazard a guess that the tech was merely trying to offer sympathy rather than speaking about anything necessarily legally binding.
From the sounds of it you were absolutely aware that there was some stuff wrong with the truck before getting into it, at that point it was up to you to do the necessary inspections on the truck before fully accepting the sale to determine if you still wanted to go through with it.
It’s a tough lesson to learn the hard way but my guess is that you’re out of luck, though it would still be worth doing a consultation with a lawyer who deals in contract law to be certain. Alternatively you could just save the money and start doing what you need to to make this food truck TSSA approved