Woodalls Open Roads Forum: General RVing Issues: New owner with big problem
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 > New owner with big problem

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jfdiii

arkansas

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Posted: 12/02/13 11:22pm Link  |  Print  |  Notify Moderator

Been lurking for a while, this problem has spurred me to join in, hope there is some positive advice out there...

We are first time RV owners and bought a motorhome from out of state dealership 8hr drive away the day after Thankgiving. They screwed up the paperwork and sold it for $9,000 less than early negotiated, not finalized, price (we noticed beforehand and asked them twice if the numbers were correct and final before ever driving down). Three days later they call us and say they messed up now send us the 9k, I say no. It's a done deal, business is business. My wife, bless her, even offered to meet them in the middle.
The day ended with them saying they are coming to pick it up, that they have refused payment from the financing bank so that the sale is not final. Now the bank is looking at an unsecured loan, maybe they can help us? They said they can't just cancel the loan.
Looking over the paperwork the down payment is listed as a "non refundable deposit". Scary. Not only that but we would be stuck with no motorhome and all the "stuff" that we have bought for it.

Should I fight for this thing or do they hold all the cards? I feel like the sale was final, we have the purchase agreement and the invoice and delivery was made, and that they are just out of luck. We gave them every opportunity to correct their mistake, even stayed overnight at the dealership.

What gets me is if I sent an employee to go buy an RV and the idiot walked in and paid MSRP, and then I called 3 days later saying they ripped him off and they need to refund some money, they would laugh in my face.

edit to add: the "early negotiation" was the dealer's asking price and them saying they couldn't budge because they weren't making any money as it was, and my wife just saying "ok"

* This post was edited 12/03/13 07:44am by jfdiii *

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Posted: 12/02/13 11:29pm Link  |  Print  |  Notify Moderator

You really need an attorney. Not personal opinions


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jfdiii

arkansas

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Posted: 12/02/13 11:34pm Link  |  Print  |  Notify Moderator

Should I retain one in the state it was purchased in? Or a local attorney?

wny_pat

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Posted: 12/02/13 11:41pm Link  |  Print  |  Notify Moderator

jfdiii wrote:

Should I retain one in the state it was purchased in? Or a local attorney?
You need one who is admitted to the bar in the state where the transaction took place. If you have a local attorney, he might be admitted in that state also. And if he isn't, he might refer you to one who is.


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Posted: 12/02/13 11:42pm Link  |  Print  |  Notify Moderator

IMHO..for what it's worth....I believe you need an attorney licensed to practice in the State where the vehicle was purchased because that's where the transaction took place. Use caution because you don't want to throw good money after bad. A quick call to a local attorney wouldn't cost you much, if any....do it now though, BEFORE letting them have the coach back....Dennis


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Posted: 12/02/13 11:44pm Link  |  Print  |  Notify Moderator

jfdiii

You have a private message

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westend

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Posted: 12/02/13 11:47pm Link  |  Print  |  Notify Moderator

Sometimes, possession is nine points of the law.
I would suggest you seek legal representation and move your new RV to a secure location.


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Posted: 12/02/13 11:51pm Link  |  Print  |  Notify Moderator

Depending on where you are, there may be local attorneys admitted in both states. The Martindale-Hubbell Directory may help you. Keep in mind that anything you post here could be discoverable if there is lawsuit, so contact an attorney ASAP.


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jfdiii

arkansas

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Posted: 12/03/13 12:26am Link  |  Print  |  Notify Moderator

I'm hoping that it will not come to "lawyering up" and that we will be able to come to some kind of agreement. Tomorrow should be an interesting day...

jfdiii

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Posted: 12/03/13 12:28am Link  |  Print  |  Notify Moderator

Guess, i was hoping somebody would say "Don't worry about it, they don't have a leg to stand on, they're bluffing."

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