Good deal or not a good deal?

[GoGators1776]

First time poster and purchaser of an RV. I work internationally half the year and the other half I spend off. The last 4 yrs I've traveled the world. Now I want to travel around my home country when off with my GF. I would be staying at locations for long periods of time and not traveling to new locations constantly. A co-worker of mine and his wife are selling their RV as they just bought a house. He's going to sell it for what he owes on it which is 72-73,000. It's a 2008 Newmar Country Star 3910. It has the cummins 400hp diesel engine with 37,000 miles on it. They put in new hard wood floors and added some other beautification to the interior. It also has a 5000kw diesel generator, with 2yr old tires. Is this a good deal and a reliable RV? Thank you for feed back and I look forward to it.

I have traveled with my grandparents in their RV when I was growing up. I have been doing research over the last month and looking at forums into what would be reliable if this deal or RV isn't reliable. My most important thing would be reliability when it comes to a product. Any recommendations would be greatly appreciated and I thank you beforehand.

[Lexx]

Contracts aside, a 2008 Newmar has the potential for paint checking. You should weigh the risks benefits of coaches 2003-2008 due to their propensity for paint xhecking.

[2012Coleman]

I plan on putting my TT up for sale very soon - we are upgrading! The last thing I'm going to do is ask potential buyers to sign any type of contract, except if your definition of a contract includes a receipt document that states on it somewhere "AS IS".

[johnwalkerpa1]

Grit dog wrote:
Well, the last page of lawyer vs other guy sure helped with the OPs question......

Lol! Yep, reminded me of two 10 year old kids arguing on the playground.....but it seems like the OP did get some good info in spite of these two...

[Grit_dog]

Well, the last page of lawyer vs other guy sure helped with the OPs question......

[DownTheAvenue]

valhalla360 wrote:

DownTheAvenue wrote:


Thank you for your opinion. Even though it is not correct. Unless the language satisfies law, the contract is null and void. The television judges do a big disservice because the viewers then believe that is how the law actually works.

I write and enforce contract terms all the time. I've seen the good the bad and the ugly. Unless you are suggesting some particular unenforceable term, you really need to go back for some refresher courses in contract law.

Well, contract is enforceable if it satisfies the legal definition. You cannot enforce something that is not a legal contract, and to be legal it MUST contain language that satisfies law. You obviously are not an attorney. You may well work in an office where you contact and engage in dialog with people who have already signed a contract that attorneys have written.

Once again, if the contract is not a legal document by definition, then there is nothing a court can do to compel the parties to follow the terms of a document that is not legally binding upon the parties associated with the non-legal document.

[mowermech]

valhalla360 wrote:

mowermech wrote:

valhalla360 wrote:
Get an independent inspection and value estimation and do a written contract.

You dealing with an associate, so the more you can do to keep it an unbiased arms length negotiation, the better.

Otherwise, when something goes wrong (and it will), you are less likely to blame your "friend" because you went in with eyes wide open.

A contract for a private party sale? For what? Is the seller going to finance it? If so, a contract is definitely needed. If it is a used goods, "as is where is, no warranty expressed or implied" cash sale, the only "contract" required is a Bill Of Sale.
If the seller wishes to give a 30 day 3000 mile warranty, that can be noted on the BOS.
I have never given a warranty of any kind on a used vehicle sale. If the buyer wants a warranty, he can contact one of the multitudes of Service Contract sellers that are available. Once the seller has the cash in hand, and the buyer has the title and possession of the vehicle, the deal is done and complete.
As for the coach in question, yes, I think it probably is a good deal. If you like the coach, and it appears to be well cared for, I would say "Go for it!" If an inspection would give you peace of mind, do that before the purchase.
Good luck.

You do realize a simple bill of sale...is a contract?

The issue here is he's not dealing with a stranger, so spelling out very clearly that there is no warranty (if that's what the seller wants) is good because there is also a relationship at risk and there may have been informal discussions during the process that can create confusion later when something goes wrong and verbal discussions were that everything works great.

Always better to spell things out.

I thought I made that quite clear.
"If it is a used goods, "as is where is, no warranty expressed or implied" cash sale, the only "contract" required is a Bill Of Sale."
Yes, of course, a BOS is a sort of "contract". In fact, my State DMV has a standard form BOS available for download on their website. Just download it, fill it out, sign it (preferably in front of a Notary Public), and there you are, a quick and easy "Contract To Buy and Sell"! No lawyer required, no hassle, no finding fault, just a done deal. I have done it many times.

[valhalla360]

DownTheAvenue wrote:


Thank you for your opinion. Even though it is not correct. Unless the language satisfies law, the contract is null and void. The television judges do a big disservice because the viewers then believe that is how the law actually works.

I write and enforce contract terms all the time. I've seen the good the bad and the ugly. Unless you are suggesting some particular unenforceable term, you really need to go back for some refresher courses in contract law.

[DownTheAvenue]

valhalla360 wrote:

DownTheAvenue wrote:

valhalla360 wrote:

DownTheAvenue wrote:
You would also be very wise in writing down your and the sellers expectations regarding the sale and events occurring after the sale, and both of you sign. It probably would not be a legally binding contract, but spelling out all those issues could save a friendship if something develops.

Actually this is the very heart of a legally binding contract.

While best in writing and signed, even a verbal agreement is legally binding (much harder to prove when things go sour, so do it in writing with signatures)

If he balks at a written contract on a $70k+ item, run away. There is something wrong with the deal.

Since I am an attorney, I am well qualified to render an opinion on what is legally binding. Unless the language is specific to satisfy state law, regardless of what is written it will not be a legal contract and therefore not enforceable in court. I mentioned what I did because both the buyer and seller are friends, and writing down expectations could avoid loosing a friend if something goes sour.

You might be a lawyer but apparently not a contract lawyer.

Yes, there may be the risk of unenforceable contract terms but a written agreement signed off on by both parties is an enforceable contract.

Thank you for your opinion. Even though it is not correct. Unless the language satisfies law, the contract is null and void. The television judges do a big disservice because the viewers then believe that is how the law actually works.

[2012Coleman]

GoGators1776 wrote:
Thank you everyone for your input. The inspection is something that we already talked about and he agreed that should be done. This does seem like a good deal and wanted to get the opinions of the good graces of the internet to reaffirm my gut. Myself and my GF already own vehicles so I don't think a 5th wheel would be in order as I would have to buy a truck.

Good Gawd - if people knew how much I get to use my TT on a varying basis, based on the responses of some, they would tell me I should be using a tent!

Look - if something it going to go wrong with it, it will go wrong no mater who owns it. Just realize a the good advice that has already been given is that maintenance parts tires are expensive.

As if it is a good deal, I would not necessarily think it is worth as much as the present owners owes on his loan. Find out how much it is worth and present him with your data. He might be underwater on it - that's not your problem. From the pictures OB posted - it the model your considering looks very nice.

Does it come with the stuff to tow a car? Good luck with it.

[valhalla360]

DownTheAvenue wrote:

valhalla360 wrote:

DownTheAvenue wrote:
You would also be very wise in writing down your and the sellers expectations regarding the sale and events occurring after the sale, and both of you sign. It probably would not be a legally binding contract, but spelling out all those issues could save a friendship if something develops.

Actually this is the very heart of a legally binding contract.

While best in writing and signed, even a verbal agreement is legally binding (much harder to prove when things go sour, so do it in writing with signatures)

If he balks at a written contract on a $70k+ item, run away. There is something wrong with the deal.

Since I am an attorney, I am well qualified to render an opinion on what is legally binding. Unless the language is specific to satisfy state law, regardless of what is written it will not be a legal contract and therefore not enforceable in court. I mentioned what I did because both the buyer and seller are friends, and writing down expectations could avoid loosing a friend if something goes sour.

You might be a lawyer but apparently not a contract lawyer.

Yes, there may be the risk of unenforceable contract terms but a written agreement signed off on by both parties is an enforceable contract.

[valhalla360]

mowermech wrote:

valhalla360 wrote:
Get an independent inspection and value estimation and do a written contract.

You dealing with an associate, so the more you can do to keep it an unbiased arms length negotiation, the better.

Otherwise, when something goes wrong (and it will), you are less likely to blame your "friend" because you went in with eyes wide open.

A contract for a private party sale? For what? Is the seller going to finance it? If so, a contract is definitely needed. If it is a used goods, "as is where is, no warranty expressed or implied" cash sale, the only "contract" required is a Bill Of Sale.
If the seller wishes to give a 30 day 3000 mile warranty, that can be noted on the BOS.
I have never given a warranty of any kind on a used vehicle sale. If the buyer wants a warranty, he can contact one of the multitudes of Service Contract sellers that are available. Once the seller has the cash in hand, and the buyer has the title and possession of the vehicle, the deal is done and complete.
As for the coach in question, yes, I think it probably is a good deal. If you like the coach, and it appears to be well cared for, I would say "Go for it!" If an inspection would give you peace of mind, do that before the purchase.
Good luck.

You do realize a simple bill of sale...is a contract?

The issue here is he's not dealing with a stranger, so spelling out very clearly that there is no warranty (if that's what the seller wants) is good because there is also a relationship at risk and there may have been informal discussions during the process that can create confusion later when something goes wrong and verbal discussions were that everything works great.

Always better to spell things out.

[GoGators1776]

Thank you everyone for your input. The inspection is something that we already talked about and he agreed that should be done. This does seem like a good deal and wanted to get the opinions of the good graces of the internet to reaffirm my gut. Myself and my GF already own vehicles so I don't think a 5th wheel would be in order as I would have to buy a truck.

[DownTheAvenue]

valhalla360 wrote:

DownTheAvenue wrote:
You would also be very wise in writing down your and the sellers expectations regarding the sale and events occurring after the sale, and both of you sign. It probably would not be a legally binding contract, but spelling out all those issues could save a friendship if something develops.

Actually this is the very heart of a legally binding contract.

While best in writing and signed, even a verbal agreement is legally binding (much harder to prove when things go sour, so do it in writing with signatures)

If he balks at a written contract on a $70k+ item, run away. There is something wrong with the deal.

Since I am an attorney, I am well qualified to render an opinion on what is legally binding. Unless the language is specific to satisfy state law, regardless of what is written it will not be a legal contract and therefore not enforceable in court. I mentioned what I did because both the buyer and seller are friends, and writing down expectations could avoid loosing a friend if something goes sour.

[Grit_dog]

Yeah idk what you could possibly write a contract for???
Don’t be the tool that asks your co worker for a warranty on his 10 year old Moho.
He probably won’t give you the sweet deal.... or talk to you again!