Trade In/Repair Issue

Free advice here is worth what you pay, including mine :) But, if this were me (and I've been in a similar situation, not exactly same) -- I'd put my insurance check in the bank and make no effort to do anything else - no reclaim, no 'open claim again' nothing - let the dealer make his moves, and then respond.

This is crazy to think the dealer should get the funds for repair - if the TT is repaired, then it's worth that value ($9000 or so) as a trade. Think of it as if YOU took the insurance money, repaired the trailer and THEN traded it. What would the dealer give you == you'd get $9000 trade for its repaired value, NOT $2500 for its repaired value.

I'd do nothing but cash the insurance check you paid premiums to own ...

wing_zealot wrote:
Unless someone was able to read the contract for sale of the old trailer and the contract for purchasing the new trailer, It's all speculation. For instance, what if the sales contract includes a $10,000.00 credit based upon the $2500.00 plus the insurance proceeds? This is really a stupid discussion cause no one here can read you sales contracts. Only someone that had the benefit of being able to read those contracts would be able to offer reasonable advice.

It was an all cash deal. Nothing like that on the Cougar sales contract or the Jayco bill of sale. The section where "promises" by the buyer would go and the "event of a salvage situation" section were both left blank and unsigned.

The bill of sale for the Jayco has an "AS IS" section in it but the FI guy started to put the Cougar information in it and then just crossed it out and left it unsigned. This is where the dealership would have signed off on the condition of the vehicle.

No other mention of repairs or insurance can be found anywhere on any document.

Talking to some lawyer friends again this week. So far everyone has indicated it's a done deal, but if the dealership has any damages at all since they didn't invest in repairs and are not out repair costs (which is where they think they're entitled to the insurance money)a judge might say they are only out the 2500 they gave us for the damaged trailer at the get go. I have a call in to my insurance guy.

Worst case scenario: IF my insurance company agrees to re open the claim, I could offer the dealership their 2500 back in return for the trailer and title and turn them over to the insurance company as is usually the way it goes down. The insurance company would reimburse me for the 2500 that came out of the proceeds to begin with and everyone is happy.

I doubt the dealership would go for this as they now have their sights set on 6700 more with trailer and title in hand. Probably going to small claims on this one anyway.

Unless someone was able to read the contract for sale of the old trailer and the contract for purchasing the new trailer, It's all speculation. For instance, what if the sales contract includes a $10,000.00 credit based upon the $2500.00 plus the insurance proceeds? This is really a stupid discussion cause no one here can read you sales contracts. Only someone that had the benefit of being able to read those contracts would be able to offer reasonable advice.

Bucky Badger wrote:

soren wrote:
Talk about brass Heuvos. They pay you salvage value, and might have $2500-3000 in real costs associated with repairing the unit, so they are in it for $5K or so, when they put it on the lot. They sell it for $9K AND want you to give them a check for another $6700. If you were dumb enough to fall for that, it may go down in the business's history as the single most profitable deal they ever did. LOL

I really doubt they are going to be able to sell at TT with a salvage title for 9 grand. Maybe they break even.

Some how I knew something was going to happen;)

The OP stated that he believed that this trailer would be exempt from salvage title requirements in his state. A minute on Google produced this confirmation.

Exceptions to the Rule

Salvage and branding requirements do not apply to motorcycles, manufactured homes, all-terrain vehicles, class A or C motor homes, vessels, and trailers.

This info. is from DMV.ORG in their Idaho title info. section

I stand by my statement. If the dealer was successful in intimidating the OP into handing over the check, they could easily see a 200%+ ROI on this unit, since it can be resold with a CLEAN title. At this point, without the OP's check, they will still do very well, once the repairs are complete.

Sounds like it's a done deal.
Just don't to that dealer for any warranty work.

Based on how this came down, I believe this dealer thought he was gonna pull a fast one on you. Get the TT and your insurance check for $2500. Didn't happen. Won't stop him from trying again tho.

If I were in your shoes, I would not even compromise no matter what he "offers". This was a game right from the first minute - he thought he 'saw you coming', but didn't realize you were walking in your own shoes and not his.

I'd not even respond to any communications in the future. His attorney will always try to twist anything you say/write about this. Done deal.

CouchCat wrote:
Nothing like that in the sales agreement. Even shows the 2500 they gave me for the damaged coach. Now they are saying that if they had known it was going to be a total/salvage situation they wouldn't have given me anything on trade. Hearsay? I say it's irrelevant because the 2500 they gave me for the 9200 coach was so ridiculously low (even with reasonable repair costs) that it could be considered fair salvage value anyway (the insurance guy concurred).

I agree 100% It's not like YOU could hide something in the sales contract that THEY wrote up. I would be tempted to say "Fine, here's $2500, give me my trailer back" and sell it out right. I bet they already have it gone (maybe not though).
I was convinced you wouldn't get the insurance money- sounds like you have a good agent and company!

Yup. I think we're ok. But the practice of "law" in this day and age....

Believe it, they will try anything. In this case, if they try to take you to court, the judge will get a laugh out of it for that day at least. It's so standard, what you and the insurance company did, that I'm surprised the dealer said anything at all after he got the TT.

Why would you give him your TT AND a check for $6700, in exchange for his check for only $2500 ... that's even toooooooo bizarre not to fall down laughing.

You did and got exactly what should have happened - that dealer is now trying to pull a fast one on you. I can't imagine (well, I can) why the dealer would event think you would give him the TT for $2500 and then PAY for the repairs to make it worth $9000 to HIM. That's even hard to swallow for a dealer to think it. He's nuts.

Nothing like that in the sales agreement. Even shows the 2500 they gave me for the damaged coach. Now they are saying that if they had known it was going to be a total/salvage situation they wouldn't have given me anything on trade. Hearsay? I say it's irrelevant because the 2500 they gave me for the 9200 coach was so ridiculously low (even with reasonable repair costs) that it could be considered fair salvage value anyway (the insurance guy concurred).