New owner with big problem
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...
Forum Discussion
I don't know, can I call out a dealer by name here? It was Dixie RV in Hammond Louisiana. Front staff was excellent, the decision makers obviously not so much, IMO.
As far as folding, yeah. I wanted it done and didn't want to spend any more money fighting it, and I didn't want to do any more business with them and pay the difference. Maybe they would have just let it go, maybe I would have spent a bundle fighting it and then lost.
Corporate lawyer friend confirmed this post as accurate:
"For a purchase contract to be binding, you need three things: OFFER, ACCEPTANCE AND CONSIDERATION. Seller OFFERS to sell you a vehicle at a certain price. You ACCEPT it. You exchange CONSIDERATION by paying for it.
Where you have a sticky situation is where the selling dealer denied acceptance of funds from the finance company/bank. This could be construed as denial of CONSIDERATION, and then you do not have a binding contract."
He went on to say,
If this were to go to court and they can make a good case that it was a typographical transposition, the 9 and the 0 keys being right next to each other, then contractural inaccuracies made in good faith are subject to amendment. It would all come down to who the court believes acted in good faith, and in my opinion you would lose if they decided to take this all the way. The reason that dealers are often seen as taking advantage of customers is because the laws are set up that way. It's a one way street, that's why you never hear about a dealer being taken advantage of. They always hold the advantage, it is just up to them how far they want to press it.
As far as folding, yeah. I wanted it done and didn't want to spend any more money fighting it, and I didn't want to do any more business with them and pay the difference. Maybe they would have just let it go, maybe I would have spent a bundle fighting it and then lost.
Corporate lawyer friend confirmed this post as accurate:
"For a purchase contract to be binding, you need three things: OFFER, ACCEPTANCE AND CONSIDERATION. Seller OFFERS to sell you a vehicle at a certain price. You ACCEPT it. You exchange CONSIDERATION by paying for it.
Where you have a sticky situation is where the selling dealer denied acceptance of funds from the finance company/bank. This could be construed as denial of CONSIDERATION, and then you do not have a binding contract."
He went on to say,
If this were to go to court and they can make a good case that it was a typographical transposition, the 9 and the 0 keys being right next to each other, then contractural inaccuracies made in good faith are subject to amendment. It would all come down to who the court believes acted in good faith, and in my opinion you would lose if they decided to take this all the way. The reason that dealers are often seen as taking advantage of customers is because the laws are set up that way. It's a one way street, that's why you never hear about a dealer being taken advantage of. They always hold the advantage, it is just up to them how far they want to press it.
