Am I Getting Ready to Buy A Lemon?

soren wrote:

dougrainer wrote:
Depending on the state laws(the law where you buy, not where you live), IF you ask a Dealer (even a private seller) a specific question about the condition or circumstances of the vehicle and he LIES to you, he can be sued(very easily).Doug

Without sounding rude, I know that at least a few salespeople reading this thread had a quiet little chuckle reading this.

The larger point is that I would hate for anybody, particularly a newbee to the whole process, to get the idea that a salesperson will not, and cannot lie to you since it's "against the law". The bottom line is this. If you do business with a high volume, low reputation RV dealership, you should expect to be lied to, because there is a great likelihood that you will be. Not only is it common, but there is nothing you are going to do to stop it, other that use common sense, and find another place to do business.

There are two specific reasons that you will NEVER be protected by a law regarding deceptive verbal practices. First, it really is a "he said, she said" world out there. There isn't a lawyer in the world who is willing to waste a moment on case based on, "we though we were buying X, since our salesman said so, but we ended with less, he lied to us." The first thing the lawyer is going to say is, "Show me the proof. Did an independent third party hear the conversation? Show me the paper trail, and where you were clearly defrauded."
No evidence? Just your word against a large company with very deep pockets, no hesitation to dive right into litigation, and the ability to do it with their own staff attorney. Good luck with that. Doesn't matter if you are seeking help in filing a civil suit, or talking to a state A.Gs office, they can't protect you from something that they can't reasonable prove happened.

Second, when you do business with any large operation you will not be closing the deal before you sign a "no verbal promises" document. This clearly states that you were not promised anything that does not appear in the documents you are signing. You made no verbal agreements with any employee, and you agree that the contract your are signing is the only binding legal agreement involved in this transaction. Basically, you just signed a waiver to any "liar law" your state may have on the books.

unfortunately, the bottom line is that "liar laws" look nice, and they are real useful political tool. "look what I did to protect our great citizens, blah, blah, blah....." But assuming that they bring a level of integrity to this situation, or provide any level of protection, isn't too realistic.

I am talking about the Texas Deceptive trade practices Law which does have teeth. The reason you may be able to sue is simple, the purchaser finds out the condition/s of the vehicle after the fact and it is very easy to follow the paper trail. In Texas, the fact that the Seller had NO CLUE, does NOT absolve him of the resposibility. Most States do not have a strong Deceptive law. In Texas, it even works on garage sales. You sell a TV and claim it is in working condition---the buyer goes home and it does NOT work. You either give him his money back or when he takes you to small claims he will get treble damages. The point is, IF you are asking specific questions, either record it or have it in writing. Doug