Resent 2016-2019 Jayco qualiity?

DownTheAvenue wrote:

msturtz wrote:
Get everything in writing period. Don’t pay any attention to anything anyone tells you that isn’t in writing. If someone tells promises something verbally follow up with an email to that person confirming the contemporaneous conversation.

While there is a lot of good information in this post, this section is completely wrong. I can tell you as an attorney this is incorrect. Because you send an email to someone "confirming" what they said does not mean they actually said it, or if they did if you did not misunderstand and your email then contains your misunderstanding. Most states have laws that specifically disallow any verbal contractual agreements. Unless it is in writing with both party's signature, you do not have an enforceable agreement. Another thing to consider is if the signor for the company has the authority to make the commitment.

You are absolutely correct that an email follow up confirming a verbal representation does not create or modify a verbal contract. Not only do many states disallow verbal contracts every purchase and sales agreement that I have seen does as well.

However, what I was referring to are representations of material fact to induce me to purchase the RV or vehicle. For example I have had sales people state “…yes the rig has a locking differential or electronic limited slip…” or “…yes the rig has a spare tire…” or “…yes we will replace all the batteries with new prior to delivery…” when in fact we discovered post-delivery that it did not. I have had many cases where a salesperson told me something that ended up not being true but because I documented to them in an email confirming the verbal conversation the company honored what they said. Now, there have been things that were so important to me that while in the F&I office I hand write what we actually agreed to such as optional components or features of a particular vehicle that were material to the purchase. The F&I manager usually doesn’t like it but I have never had them kill a deal because I insisted that they document on the agreement our complete agreement. When normal people take 15 – 20 minutes in the F&I office we have taken 1 – 2 hours because we read the entire contract and insist that everything be documented for the terms and conditions of the entire deal. I refuse to even accept the “we owe” paperwork stand alone because of the “…entire agreement…” clauses baked into some purchase agreements. If the dealer does what they say they would do and the vehicle includes exactly what the sales person stated it does then everything is great.

I can tell you I have literally had a member of a dealership senior management in front of me and call a salesperson and the sales person lie to them and state that they never said the vehicle had that feature. Then I calmly pull out the email thread to that exact salesperson that was sent contemporaneous to the stated conversation. That didn’t go well for the sales person. Because I had the documentation and proof of what I was told they couldn’t dispute it. Again, yes for anything covered under the terms of a written agreement cannot be modified by anything verbal. However, at least for representations other than sales puffery it can’t hurt to have it in writing. Usually, I ask that the sales person reply to confirm what was discussed to avert any dispute.