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Old 02-11-2014, 08:22 AM   #29
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Originally Posted by gemini5362 View Post
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.
Your scenario does not apply. In the case of the colors, he would have observed it was pink and signed under that condition. In his case, he was not aware that there was a problem with the jack before he signed the contract to buy As-Is. At the point he signed, As-Is would be the state that the coach was represented to him by the dealer which was that everything worked perfectly.

I'm sorry you lost your case. He probably would have lost his too HOWEVER the whole as-is thing has been overturned due to an explicit declaration by the selling party. Like I said though, it would really come down to exactly how they wrote the text messages he has.

In any case, it sounds like the dealership wants to do what is right and the OP is very reasonable with them so it will likely end well.
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Old 02-11-2014, 08:50 AM   #30
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Quote:
Originally Posted by gemini5362 View Post
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.
I do believe under the "cooling off period" law that person or myself would if had 72 hrs. That's for all dealers.
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Old 02-11-2014, 10:32 AM   #31
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She said as is is as is lol. But in Texas, words are a legally binding contract also if there is any proof. I have proof
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Old 02-12-2014, 12:38 AM   #32
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I do believe under the "cooling off period" law that person or myself would if had 72 hrs. That's for all dealers.
Actually that I a state law. In Oklahoma and Arkansas there is not a cooling off period on Vehicles. I wont attest to other states but I know there is not one in those two states.
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Old 02-12-2014, 12:49 AM   #33
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She said as is is as is lol. But in Texas, words are a legally binding contract also if there is any proof. I have proof
LOL I am not surpised she said that. Actually my wife is an attorney that specializes in contract law. She pointed out to me today when I asked her that not all states laws are the same. But she did agree that in the states she is familiar with when you buy as is that pretty much seals the deal. Words are legally binding contract the problem is two fold.

1. Can you prove that it was not working when the vehicle left the dealer ship. If it quit working ten feet past the dealers drive way they have met the contractural requirement of their statement everything works.

2. Every contract I have ever seen has the clause about :this contract supersedes all prior contracts both verbal and written.: I am paraphrasing but there is something along that line in there. Especially on an As Is contract.

Keep one thing very clear when you do these kind of exercises. It really does not matter what the contract actually says. What matters is how the judge that hears your case interprets it. Depending on how deep your pockets are you can maybe keep going up until you find a judge that agrees with you but basically how the first judge interprets it is going to be how it is. In my small claims case I have talked to several rather good attorneys including my wife ( this happened before I knew her) Every attorney I talked to said the judge was wrong in his interpretation but guess what I did not walk away with any money.
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Old 02-12-2014, 12:56 AM   #34
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Your scenario does not apply. In the case of the colors, he would have observed it was pink and signed under that condition. In his case, he was not aware that there was a problem with the jack before he signed the contract to buy As-Is. At the point he signed, As-Is would be the state that the coach was represented to him by the dealer which was that everything worked perfectly.

I'm sorry you lost your case. He probably would have lost his too HOWEVER the whole as-is thing has been overturned due to an explicit declaration by the selling party. Like I said though, it would really come down to exactly how they wrote the text messages he has.

In any case, it sounds like the dealership wants to do what is right and the OP is very reasonable with them so it will likely end well.
Actually as I said in my earlier post. My wife pointed out that it would be depending on each individual states laws. Since the OP said his sister who is a lawyer said as Is means as is I am guessing Texas law is similar to Arkansas law which means it is how it is. Explicit declaration by the selling party went out the door when he signed a contract that said I am buying this as is.

I am not an attorney but you do not have to have a JD to be an Arbitration Advocate. I represent a group of people in arbitrations several times a year. The smallest thing can change the whole meaning of a contract. I can think of nothing smaller that changes it more than AS IS
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Old 02-12-2014, 06:50 AM   #35
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LOL I am not surpised she said that. Actually my wife is an attorney that specializes in contract law. She pointed out to me today when I asked her that not all states laws are the same. But she did agree that in the states she is familiar with when you buy as is that pretty much seals the deal. Words are legally binding contract the problem is two fold.

1. Can you prove that it was not working when the vehicle left the dealer ship. If it quit working ten feet past the dealers drive way they have met the contractural requirement of their statement everything works.

2. Every contract I have ever seen has the clause about :this contract supersedes all prior contracts both verbal and written.: I am paraphrasing but there is something along that line in there. Especially on an As Is contract.

Keep one thing very clear when you do these kind of exercises. It really does not matter what the contract actually says. What matters is how the judge that hears your case interprets it. Depending on how deep your pockets are you can maybe keep going up until you find a judge that agrees with you but basically how the first judge interprets it is going to be how it is. In my small claims case I have talked to several rather good attorneys including my wife ( this happened before I knew her) Every attorney I talked to said the judge was wrong in his interpretation but guess what I did not walk away with any money.
3 very good points. The judge lottery is probably the only real chance of winning it.
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Old 02-12-2014, 08:27 AM   #36
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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.
Thanks Mark. Your DW and I would probably get along great. I keep stacks of legal pads around the house and grab one every time I talk to a support desk or make an Internet purchase. This not only gives me a written record in case there is a problem, but it also helps me to remember what was said in case their advice didn't help. And it is a place to keep any reference/case numbers so they are easily found in case I have to call them back. Of course, with all the legal pads I use up, I probably burn a tree or two a week. lol
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