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
jfdiii wrote:
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.
The law is the law and the dealers lawyers apply the law to the contract that you sign… and that is the only thing that gives them the upper hand…
you agreed to the contract language they provided and all of the stipulations it contains…
Exactly why the saying buyer beware exist…
You need to read, and understand every word in the contract before you sign… if you don’t have your trusted lawyer (and there are a few that can be trusted) explain it to you or add addendums you require for the deal to go forward… eliminate all surprises…
