looking for input on bad situation

[tdehoff]

I purchased a used 2009 Shamrock M233 in November from a local dealer. In the process of the purchase it was noted by the dealer's tech that the floor in the front of the unit was soft. I immediately suspected water damage. The dealer said it was just poor support and said that they would build a support system underneath the soft spot to shore it up. I wanted to open them to open the floor to prove it wasn't water damage but they said that they would cut open the fabric that is protecting the bottom of the unit and show me pictures to see if there was any water damage. They did this and the pictures did not show any evidence of water at all. So they closed the fabric liner up and built the support system. I purchased the unit and towed it home and it sat all winter outside.

this spring when we opened it up the vinyl flooring had split. We hired a great local flooring installer to install a new/better floor covering and when he pulled off the old vinyl, he uncovered that spot that was soft and it was rotten and full of mold. It was water damage just as I originally thought. Upon further inspection we have determined that the source of the water is the front bunk opening. We can see signs of water streaks on the front wall just below the hinge. The dealer did replace all of the bunk seals. The front bunk is delaminating and the hinge has been sprung. So the source of the water is a leaking front bunk door.

So the question is does anyone know the if I would have a cause of action against the dealer. They contented that there was no water damage and that it was just poor support. They would not pull back the vinyl in the soft spot. They showed me the underside of the flooring knowing full well that the flooring is not made out of plywood/particle/osb board. (I thought that if it was made out of wood then any water damage would be visible on the bottom as water flows to the lowest point). But its actually made with Styrofoam with wood glued on both sides of it and the Styrofoam had soaked up all of the water so there was not water evidence on the bottom but the top just under the vinyl is completely rotten. I believe I was defrauded as I would not had purchased the unit if I knew of the water damage and they mislead me into believing it was just poor support which it was not.

Any input/advice is welcomed.

[Mr_Beebo]

For the money it will cost to go thru the court system, you'd likely benefit more using that cash to put up a carport or a lean to and get the camper out of the elements, jmo.

[Candie4749]

We purchased a used Jayco in March and the dealer insured us that everything worked and even mentioned that they repaired the air conditioning and it worked great so we signed off on the purchased as is form and last week tried the air and it didn't work. I called and spoke to the service manager and they agreed to fix it free of charge. Have you called and tried to reason with the dealer?

[llowllms]

Find some one that is very informed on rv's and take them to small claims court with you. Make sure the person you select is in the rv business and is willing to testify. No lawyer needed. the dealership knew the real problem and choose the cheaper way out to sell the unit. I would also report them to the BBB.

[toedtoes]

I think the biggest hurdle is that not only did you accept it, but you left it outside for an entire winter. If you were afraid there was water damage, why would you not have at least covered it? Let alone checking it occasionally.

[PRodacy]

Seems to me you thought there was a problem but accepted the unit anyway. The dealer has photos showing that there was no damage - you accepted these photos as proof that all was well. Six months later you found damage. I can't believe any court would side with you, and if I was a dealer, you'd have to prove to me that you weren't responsible for damaging the unit in the six months you owned it. I'd fix it myself and look at it as a lesson learned

[lizzie]

I agree with Dog Folks. If you have not already talked with the dealer about this problem it certainly would not hurt to do so. It is possible that they may offer you some assistance. If they do not, please consider not only the expense of legal action but also the amount of stress involved for you. Best of luck to you. lizzie

[Dog_Folks]

To the OP: Before you get into hiring legal advise etc. you need to balance just how expensive it will be to pursue this in the legal system. My guessis a minimum of $2-3 K.

It is one thing to think that the dealer defrauded you, or at least, is negligent. It is entirely another matter to prove it in court.

It might be better to cut your losses, fix the leak and move on.

Frustrating? Yes. But to make the best use of your money, and resources, treat this like a business transaction. Keep emotions out of it.

[K_Charles]

This is a 6 year old trailer that the OP thought had water damage when he bought it. He has had the trailer for 6 months without complaining. I think this could be the OP's problem not the dealers.

[darsben]

Did you buy "as is" most likely. Read your contract. Dealer defense will be. I opened her up and looked saw no damage. Here are the pictures I took at the time your honor. See no water damage. What happened after the owner took delivery I cannot control. SO fix it and forget it and get on with your life.
Hiring a lawyer will probably be more expensive than the cure.

[gbopp]

When the dealer told you it was a poor support under the floor, that should have been your first red flag.

Please, keep us updated on your situation. Hopefully the dealer will make it right.

If not, post it on RV Service Reviews.

[sdianel_-acct_c]

If the contract doesn't say "as is" I would contact the dealer. If that doesn't work, I would contact a lawyer. I doubt the manufacturer would do anything on a 2009 unit.

[MarkTwain]

toedtoes wrote:
First, I think I just need to say this for anyone reading this post:

After the FIRST rain of the season, GO OUT AND CHECK your RV for leaks. Don't store it outside and ignore it the entire off-season assuming it's going to be OK. A season of water leaking into your RV will ruin it - one rain is fixable.


To the OP, I'd first decide what you want the dealer to do. Do you want a replacement? Do you want it repaired? What do you want from them? Then talk to the dealer and see what they are willing to do for you. If they are willing to give you what you want, then that's your solution. If not, then you have to decide how far you're willing to fight to get what you want. If you're willing to fight, then call an attorney. If not, then you need to compromise with the dealership.

X1.
1. call the dealer, are they willing to repair the problem at no cost to you?
2. Are they willing to buy it back and apply your $$ toward another trailer of your choice?
3. Call the Mfg. of the trailer and see if they will resolve the problem to your satisfaction? Will the Mfg. offer to have you drive the trailer to their shop and fix it for you?
4. Call the Better Business Bureau and file a complaint.
5. Check with the small claims court and see if the amount of your claim meets the court's criteria.
6. As has been suggested, contact a lawyer.

[toedtoes]

First, I think I just need to say this for anyone reading this post:

After the FIRST rain of the season, GO OUT AND CHECK your RV for leaks. Don't store it outside and ignore it the entire off-season assuming it's going to be OK. A season of water leaking into your RV will ruin it - one rain is fixable.


To the OP, I'd first decide what you want the dealer to do. Do you want a replacement? Do you want it repaired? What do you want from them? Then talk to the dealer and see what they are willing to do for you. If they are willing to give you what you want, then that's your solution. If not, then you have to decide how far you're willing to fight to get what you want. If you're willing to fight, then call an attorney. If not, then you need to compromise with the dealership.

[Old-Biscuit]

What has dealers response been when you contacted them?