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07-23-2016, 10:43 AM
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#15
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Senior Member
Join Date: Jul 2011
Posts: 379
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IMHO, RUN as FAST as you can, away from that RV! They may repair it for the items you can see, however, what about the things YOU CAN'T SEE!
PS----So YES, if you buy it you ARE BEING RIPPED OFF!
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07-23-2016, 10:43 AM
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#16
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Senior Member
Join Date: Apr 2015
Posts: 1,442
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Quote:
Originally Posted by Scarab0088
The deposit was paid after a viewing showed these issues...the contract, verbal and written is that these issues will be repaired before purchase...right?
Except for the bumper, the description of the issues are cosmetic...and the bumper could be cosmetic too.
If the issues are not fixed, the contract is void and the deposit should be returned.
It is sad, how RV's are treated between the factory door and the hands of a loving owner, but is just the way of things.
Hope that the repairs can be done and done properly.
Best luck
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Only IF the broken items were specifically speculated on the signed document, you are correct. Verbal agreements don't go far in court
__________________
2014 Raptor 300MP, 2014 Cowboy Cadillac - Ram 3500 Crew Cab Long Bed Longhorn 6.7 Cummins Turbo Diesel DRW 4.10 Rear End, 5588 Payload, Firestone Airbags, Curt Q20, TST507
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07-23-2016, 10:49 AM
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#17
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Senior Member
Country Coach Owners Club
Join Date: Jan 2006
Location: Northern California
Posts: 5,868
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If your sales/deposit agreement does not detail circumstances under which the deposit can be refunded, then you may be stuck.
1. See if deposit can be applied to another similar RV.
2. If you are truly stuck for the deposit, do not pay any more money until the vehicle passes your PDI!!!
3. Their verbal promises are not part of the contract. Do not take delivery until all known defects are satisfactorily repaired.
4. If they cannot/will not repair everything prior to delivery, you may have grounds for breach of contract.
5 Unfortunately, a lawsuit might cost more than $5,000.
6. But a letter from your Lawyer would be just a few hundred dollars and probably just as effective.
7. If all the above fails, you could walk away from the deposit.
__________________
Dean
1995 38' CC Magna #5280 **** Sold after 21 years of enjoyment.
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07-23-2016, 12:05 PM
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#18
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Senior Member
Monaco Owners Club Winnebago Owners Club
Join Date: Sep 2011
Posts: 7,469
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__________________
US Navy Vet, Liberty Tree Member of Oath Keepers, NRA & VFW Life Member, Alaska EMT.
2009 Safari Cheetah 40 SKQ
2009 Winnebago Chalet 231CR
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07-23-2016, 12:12 PM
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#19
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Senior Member
Fleetwood Owners Club Ford Super Duty Owner
Join Date: Jun 2012
Location: SoCal
Posts: 15,749
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$5000 deposit too much at risk IMO. $1000 would have been appropriate. Along with including details of initial items to be fixed and within what timeframe, and additionally defendant on your final inspection and acceptance. Else fully refundable. Any reputable dealer would be agreeable. IMHO.
__________________
Vince and Susan
2011 Tiffin Phaeton 40QTH (Cummins ISC/Freightliner)
Flat towing a modified 2005 Jeep (Rubicon Wrangler)
Previously a 2002 Fleetwood Pace Arrow 37A and a 1995 Safari Trek 2830.
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07-23-2016, 12:13 PM
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#20
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Junior Member
Join Date: Jul 2016
Posts: 8
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Before...these were found during the PDI
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07-23-2016, 12:13 PM
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#21
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Senior Member
Join Date: Jul 2015
Location: Watertown NY USA
Posts: 6,518
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Your credit card company may become your best friend. In most, if not all, states you can protest payment and void the sale. If the unit is not delivered in a timely fashion with all the issues repaired satisfactorily I would be calling the CCC and tell them you refuse to pay for something you were entitled to but did not receive. In fact I would call the credit card company now and advise them of the situation. Get their input.
Is the dealer you are working with an authorized dealer for the brand or some fly by night outfit who bought damaged goods cheap and is trying to pass it along to you?
Lynn
__________________
2002 Fleetwood Storm 30H on Workhorse P32 chassis 8.1 gas.
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07-23-2016, 12:16 PM
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#22
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Junior Member
Join Date: Jul 2016
Posts: 8
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They are more than willing to fix everything. They have been easy to work with. They have to send the PDI to Winnebago before it can be released. Everything has to be fixed. I just wonder if having stuff wrong with a new rv is normal?
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07-23-2016, 12:17 PM
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#23
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Senior Member
Join Date: May 2013
Posts: 745
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In the future make the deposit pending your satisfactory inspection with a timeline and get it in writing. Good luck. I would see if they can order another similar unit even if you have to wait.
__________________
2019 Tiffin Allegro RED 37 PA
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07-23-2016, 12:27 PM
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#24
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Moderator Emeritus
Damon Owners Club Workhorse Chassis Owner
Join Date: Mar 2012
Location: Lone Star State
Posts: 19,203
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Quote:
Originally Posted by raineman
Only IF the broken items were specifically speculated on the signed document, you are correct. Verbal agreements don't go far in court
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If this went to court, the verbal and written agreements would most surely be presented and could include the salesman being deposed.
Hopefully, it would never go this far...would cost more than the deposit.
Quote:
Originally Posted by Tha_Rooster
You gave 5k after finding out what was wrong?
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Quote:
Originally Posted by rpmdpm
Before...these were found during the PDI
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So, this changes everything...when the OP goes in to see the RV after the dealer attempts the repairs, it should be as simple as, Yes, repairs have been completed as agreed from the PDI or not.
The OP thought the deal could be made...it's not all doom and gloom, yet.
Best luck to the OP
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07-23-2016, 12:32 PM
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#25
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Member
Join Date: Jun 2011
Location: Phoenix, Arizona
Posts: 58
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Personally I stay away from dealers, they don't call them that for nothing! First if they took it as a trade in, they know nothing about the rig, second, they lie,lie,lie. Not to say private sellers don't lie, but you know where they live! Your deposit holds the unit, and until you have the rig and title in hand, it still belongs to them. demand your money back and move on, but next time don't ignore your instincts! And by all means act like you could take a deal or leave it, once they see your eager smile, it's all over except you don't get kissed before....
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07-23-2016, 12:48 PM
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#26
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Senior Member
Join Date: Aug 2012
Location: fulltiming
Posts: 295
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Quote:
Originally Posted by rpmdpm
They are more than willing to fix everything. They have been easy to work with. They have to send the PDI to Winnebago before it can be released. Everything has to be fixed. I just wonder if having stuff wrong with a new rv is normal?
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Oh yes, quite normal. And don't be surprised to find more. To get these things fixed most dealers are reimbursed by the manufacturer but only after the manufacturer approves the repairs. This can take time depending on the work that needs to be done and parts. that need to arrive. Things can be speeded up if you refuse to take delivery until the work is all done as the dealer wants his money as soon as possible. Be polite but stand your ground. Good luck and best wishes that all works out OK and that you will be enjoying the RV experience soon.
__________________
Bob & Joan Alexander, 2010 Tiffin Phaeton 36 QSH, 2013 Jeep Wrangler (toad)
Lobo & Juniper (woof, woof)
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07-23-2016, 12:54 PM
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#27
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Senior Member
Join Date: Apr 2015
Posts: 1,442
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Quote:
Originally Posted by rpmdpm
They are more than willing to fix everything. They have been easy to work with. They have to send the PDI to Winnebago before it can be released. Everything has to be fixed. I just wonder if having stuff wrong with a new rv is normal?
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Unfortunately, broken or non-operational items are common in a new rig. But a good PDI and a couple of shake down trips with follow up warranty work and all will be good to go along with peace of mind.
__________________
2014 Raptor 300MP, 2014 Cowboy Cadillac - Ram 3500 Crew Cab Long Bed Longhorn 6.7 Cummins Turbo Diesel DRW 4.10 Rear End, 5588 Payload, Firestone Airbags, Curt Q20, TST507
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07-23-2016, 12:56 PM
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#28
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Senior Member
Join Date: Feb 2011
Location: Snowbird - Waterford Mi and Citrus Springs Fl.
Posts: 3,609
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The deal sounds like trouble here as well. I'd politely ask about a refund, and if that became an issue with them refusing for whatever reason, I'd be on the phone with your credit card company. I believe if you tell them you are unable to get satisfaction from the dealer (they are unable to deliver the product in NEW condition), the credit card company will credit your account almost immediately, then take up your battle with the dealer themselves. I doubt you'll here about that deal again....
Yes, it's that easy....
__________________
1997 37' HR Endeavor, 275hp Cat, Freightliner
03 CR-V Blue Ox, Ready Brake
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