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Old 02-10-2014, 01:41 PM   #15
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I have been representing myself in court since I was 18, wether it be self defense cases where the party has filed aggravated assault, theft and or damage to my personal property etc. I'm very good with researching legal matters and presenting them to a judge as facts. My sister is an attorney also so she can give me pointers sometimes if I'm stuck. I like the whole "deceptive inducement" argument. I don't pay lawyers, I always appear propria persona
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Old 02-10-2014, 01:51 PM   #16
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What dealer so we all know to stay away
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Old 02-10-2014, 02:27 PM   #17
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I just got a call back from TOP CHOICE RV in spring, tx and they said that they are gonna help out. The general manager was unaware that we called on the way home and already had a problem. We shall see though. He said even though it was a "as is" purchase that they don't have to. I guess he just felt like putting that out there. I very politely informed him that if we can't get these matters resolved that I would be taking them to small claims court for all of the labor @$110/hr, parts, and any testing fees to prove my case under deceptive inducement. He agreed that replacing a $50 sensor and some batteries would be cheaper. I can get the batteries through
My work at cost so they will just reimburse me. Again we shall see.
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Old 02-10-2014, 03:24 PM   #18
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I just got a call back from TOP CHOICE RV in spring, tx and they said that they are gonna help out. The general manager was unaware that we called on the way home and already had a problem. We shall see though. He said even though it was a "as is" purchase that they don't have to. I guess he just felt like putting that out there. I very politely informed him that if we can't get these matters resolved that I would be taking them to small claims court for all of the labor @$110/hr, parts, and any testing fees to prove my case under deceptive inducement. He agreed that replacing a $50 sensor and some batteries would be cheaper. I can get the batteries through
My work at cost so they will just reimburse me. Again we shall see.
That could have gone a lot worse. I also hate when they throw it out there how much of a favor the are doing for you.
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Old 02-10-2014, 05:19 PM   #19
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I have been representing myself in court since I was 18, wether it be self defense cases where the party has filed aggravated assault, theft and or damage to my personal property etc. I'm very good with researching legal matters and presenting them to a judge as facts. My sister is an attorney also so she can give me pointers sometimes if I'm stuck. I like the whole "deceptive inducement" argument. I don't pay lawyers, I always appear propria persona
I mean this with all respect, as I am now really confused.

With the qualifications you list above: "....very good with researching legal matters...."

" My sister is an attorney also so she can give me pointers... "

What did you wish to gain by asking a bunch of amateurs like us?

Hope it all works out for you.
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Old 02-10-2014, 05:20 PM   #20
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One word of advice. If you really think that you might take this to small claims court, BE SURE YOU DOCUMENT EVERYTHING! Get a separate notebook or start a computer file and make note of everything that has transpired. Make an entry for each text, note any conversations (date, time and content and whether it was in person or by phone). Make copies of any paperwork and save the originals in a safe place. Make an entry with date and time of everything that went wrong with your coach and when you notified the dealer of each problem. Any detail you can think of. I went to small claims court once and won mostly because I had a complete record of everything. The other guy just talked from memory. The judge was very impressed. Neither of us had a lawyer.
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Old 02-10-2014, 05:32 PM   #21
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what - no warranty????

I copped a great deal on my use MH but spent 6 hour going over everything. also took it for a 200 mile test drive and had a person with some experience look over the MH before purchase. I the purchase agreement I asked and received new wiper arms & blades, fresh batteries (not really so fresh after all was done) and inspection on the tires, frame suspension. I tested every single item from the levelers, sliders, lights, generator, pumps and anything that should have done something.

In the end, I had to purchase good batteries because they put in stuff that just looked good. after 8k miles I had to replace the lift and injector pump. Still that fell into the "self- warranty"pit as part of what was a good deal.

Motto: never expect anything used to work because somebody else said it would. Glad you were able to cop a better deal with the dealer. Doesn't look like you had much of a case on an expendable item
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Old 02-10-2014, 07:40 PM   #22
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I mean this with all respect, as I am now really confused.

With the qualifications you list above: "....very good with researching legal matters...."

" My sister is an attorney also so she can give me pointers... "

What did you wish to gain by asking a bunch of amateurs like us?

Hope it all works out for you.
Where to start repairs at and if anyone has had a similar experience. Not trying to show anyone up, just want my baby fixed and that's it
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Old 02-10-2014, 07:53 PM   #23
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I copped a great deal on my use MH but spent 6 hour going over everything. also took it for a 200 mile test drive and had a person with some experience look over the MH before purchase. I the purchase agreement I asked and received new wiper arms & blades, fresh batteries (not really so fresh after all was done) and inspection on the tires, frame suspension. I tested every single item from the levelers, sliders, lights, generator, pumps and anything that should have done something.

In the end, I had to purchase good batteries because they put in stuff that just looked good. after 8k miles I had to replace the lift and injector pump. Still that fell into the "self- warranty"pit as part of what was a good deal.

Motto: never expect anything used to work because somebody else said it would. Glad you were able to cop a better deal with the dealer. Doesn't look like you had much of a case on an expendable item
They did put $3000 worth of toyo tires on it, recovered the couches in leather, removed all the old flooring and installed wood laminate so IMO the little bit I have had to do I still feel like we got a deal. To me it's like a brand new Motorhome.

Oh btw I figured out what the problem was with the aggravating alarm.
It was the left front leveling jack. The sensor is out but the jack still works. When the jacks are down it's not recognizing the front left is down. When in auxiliary mode, the jacks down light stays on. Temporary fix, I just took the 50 screws LMAO to get the cluster out of the dash and unplugged the chirping alarm.
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Old 02-11-2014, 12:51 AM   #24
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For anyone that read my earlier post let me start off by saying that I misread his post. I missed the part where he said it was an as is sale. If I had read that I would have changed my advice to something a lot shorter basically he did not have a leg to stand on.

As is means exactly that you are buying it as is. It really does not matter what the seller says before that. The last thing you do when you buy is sign the contract and you are agreeing to accept it as is. I am sure the OP asked his sister and she told him the same thing. I can imagine the reason that the manager from the rv sales told him that he did not have to do the repairs was to hopefully get some appreciation out of what they were doing for him because what he said was correct. He really did not have to do that.
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Old 02-11-2014, 05:59 AM   #25
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some people have unrealistic expitaions about used equipment.
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Old 02-11-2014, 06:39 AM   #26
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For anyone that read my earlier post let me start off by saying that I misread his post. I missed the part where he said it was an as is sale. If I had read that I would have changed my advice to something a lot shorter basically he did not have a leg to stand on.

As is means exactly that you are buying it as is. It really does not matter what the seller says before that. The last thing you do when you buy is sign the contract and you are agreeing to accept it as is. I am sure the OP asked his sister and she told him the same thing. I can imagine the reason that the manager from the rv sales told him that he did not have to do the repairs was to hopefully get some appreciation out of what they were doing for him because what he said was correct. He really did not have to do that.
Yes but did you read the part where he has in writing that everything on the coach is perfect. He absolutely has a leg to stand on and the dealer may very well know it.
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Old 02-11-2014, 07:02 AM   #27
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One word of advice. If you really think that you might take this to small claims court, BE SURE YOU DOCUMENT EVERYTHING! Get a separate notebook or start a computer file and make note of everything that has transpired. Make an entry for each text, note any conversations (date, time and content and whether it was in person or by phone). Make copies of any paperwork and save the originals in a safe place. Make an entry with date and time of everything that went wrong with your coach and when you notified the dealer of each problem. Any detail you can think of. I went to small claims court once and won mostly because I had a complete record of everything. The other guy just talked from memory. The judge was very impressed. Neither of us had a lawyer.
This is very good advise. DW is great about stuff like this. She saves every receipt and writes down what, when and who she spoke with. Then never lets it go until winning. When push comes to shove you will be way ahead with documentation.

I also think that like in the movie Roadhouse, be nice until it is time not to be nice. They may be more likely to take care of you that way but if they are not on the up and up then it is time not to be nice.

People have used tactics like parking in front of the business with a sign on the vehicle explaining their experience. That would be a last resort though.
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Old 02-11-2014, 07:34 AM   #28
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Yes but did you read the part where he has in writing that everything on the coach is perfect. He absolutely has a leg to stand on and the dealer may very well know it.
Actually no he doesn't. Let me give you an outrageous example. The dealer could have told him that the MH was blue. When he got there it was pink. If he signed the papers stating he was taking it as is then he could not come back thirty minutes later and say you told me it was blue and I want my money back.

Plus just about every contract has a clause stating that the terms of the contract are the final authority and supersedes any previous claims. What are the terms of the contract he signed? AS IS That is about as rock solid as it gets. He bought it the dealer is being a nice guy and does not want someone bad mouthing him so the dealer is going to fix some of the issues for good will purposes.

By the way I have lost this argument in small claims court over an AS IS contract and I had a heck of a lot better argument than this.

I would love for the OP to tell us what his sister the attorney said about this subject when he asked her about it.
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