Trade In/Repair Issue

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.