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Old 10-03-2011, 09:41 PM   #29
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I guess I don't understand why so many folks want to run directly to a lawyer? What ever happened to first trying to work out an equitable resolution? Going "legal" is part of the reason everything cost so much now days. Just my humble opinion.
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Old 10-03-2011, 10:25 PM   #30
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Looked on line and found this link to the UCC and references to 'express' and 'implied' warranties... here's the link and a few excerpts below that - it's best if we are able to come to an agreement...and we believe right now that the dealer will work with us. we'll let you all know -

Commercial Law: Express and Implied Warranties Under the Uniform Commercial Code

"Express warranties are affirmative promises about the quality and features of the goods being sold. Claiming a watch is "waterproof to 250 feet," that a car gets "35 mpg on the highway," or that a brand of concrete "cures rock-hard in 5 minutes, no matter what the weather" are all examples of express warranties."

"an implied warranty is made, regardless of whether or not it is specifically mentioned. The implied warranties created by the U.C.C. ended the old rule of caveat emptor-"Let the buyer beware." Implied warranties allows buyers to purchase goods and be confident that they meet certain minimum standards. The two implied warranties the U.C.C. creates are the warranty of "merchantability" of the goods being sold, and the warranty that the goods are "fit for a particular purpose.""

"Under the U.C.C.'s definition of "merchantability," goods must be at least of average quality, properly packaged and labeled, and fit for the ordinary purposes they are intended to serve."

"The implied warranty of fitness for a particular purpose applies if the seller knows or has reason to know that the buyer will be using the goods he is buying for a certain purpose. If the seller knows the purpose for which the goods are to be used, the seller impliedly warrants that the goods being sold are suitable for that specific purpose."

"Generally, a seller who wants to disclaim U.C.C. warranties must do so specifically. A general statement that there are "no warranties, express or implied" is usually ineffective. Just how express a disclaimer needs to be depends on the kind of warranty being disclaimed. An express warranty must be expressly disclaimed. A disclaimer that disclaims the implied warranty of merchantability must specifically mention "merchantability" in the disclaimer. Finally, a seller may disclaim all implied warranties by stating that the good is being sold "as is," "with all faults," or by stating some other phrase that makes it plain to the buyer there are no implied warranties."

"But there are outer limits to what even the best-drafted disclaimer of warranties can accomplish. Just as a disclaimer that is too broad will not be enforced, neither will a disclaimer that takes all rights away from the buyer. Unless all warranties have been effectively disclaimed, a buyer usually must have some meaningful remedy if the goods he receives are defective. Additionally, most states have consumer protection statutes for transactions involving the purchase of consumer goods. These statutes often provide the buyer with remedies other than those provided by the U.C.C., and also often provide that a consumer's rights under the statute cannot be abridged by means of a disclaimer."
This may leave you out in the cold so to speak:

Finally, a seller may disclaim all implied warranties by stating that the good is being sold "as is," "with all faults," or by stating some other phrase that makes it plain to the buyer there are no implied warranties.


So you need to read the purchase contract again and see if that clause is there.
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Old 10-03-2011, 11:09 PM   #31
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You haven't mentioned what this RV cost you, but my guess is that the proper fix of the extensive damage you've described will be more than the cost of the RV. My bet is that if the dealer really does want to "do the right thing", he will refund your money. Anything else will simply not be affordable for him.
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Old 10-03-2011, 11:23 PM   #32
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You haven't mentioned what this RV cost you, but my guess is that the proper fix of the extensive damage you've described will be more than the cost of the RV. My bet is that if the dealer really does want to "do the right thing", he will refund your money. Anything else will simply not be affordable for him.
Probably true and then the OP would be out his rig and the upgrades already done.
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Old 10-03-2011, 11:35 PM   #33
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Probably true and then the OP would be out his rig and the upgrades already done.
Also true, but just trying to state what seems realistic to me. Some of it was brought on by the OP's own negligence in purchasing a 14 year old MH sight unseen and not doing a through pre-delivery inspection or even better had a professional do the pre-delivery inspection. He should realistically expect to "loose" something in the end as well. I can't see how the dealer could afford to fix this properly without loosing more than he would in just killing the deal and refunding the purchase price.

I just don't think this is going to end in the way the OP is thinking.
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Old 10-03-2011, 11:37 PM   #34
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Hello Firstpoet. We bought our first motorhome in July of this year. We traded in our 8 yr old 5th wheel and stepped up to a 2006 38' DP. We took our first trip the same week. After returning home, we saw a huge puddle of rear end lube on the street under our rig. The right rear seal was bad. Our extended warrenty paperwork hadn't even been received in the mail yet. I called our salesman, who first tried to have Freightliner cover it under warranty because of the low mileage. Freightliner said "no."

Our salesman then directed us to a local RV mechanic to have it looked at. Turns out it needed both real seals replaced, as well as needing new brake pads due to the splattered lube. Our salesman had the local mechanic fix it and bill the dealer. We were extremely happy and pleased they took care of us making sure we were happy. I wish your repair was something minor like ours was ($800 worth) but if it makes you feel better, there are places out there that will do the right thing. Hopefully, your dealer is one of them. Keep the faith!!
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Old 10-04-2011, 12:13 AM   #35
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Also true, but just trying to state what seems realistic to me. Some of it was brought on by the OP's own negligence in purchasing a 14 year old MH sight unseen and not doing a through pre-delivery inspection or even better had a professional do the pre-delivery inspection. He should realistically expect to "loose" something in the end as well. I can't see how the dealer could afford to fix this properly without loosing more than he would in just killing the deal and refunding the purchase price.

I just don't think this is going to end in the way the OP is thinking.
Yah, I have to agree with you! The dealer just can't afford to fix it the way it should be and the OP can't afford to throw that much money at it either.
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Old 10-04-2011, 04:45 AM   #36
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Yah, I have to agree with you! The dealer just can't afford to fix it the way it should be and the OP can't afford to throw that much money at it either.
We don't know but believe the MH is worth more than the repair will cost. The damage is localized, and if it can be stopped affordably from the roof, the interior repair can be accomplished for a couple $1000...we'll see. Thanks for all your input. They've had the coach since Friday and I'm awaiting their call for what their assessment and actions will be...

The coach was bought 'As-is' however we specifically questioned water leakage and damage prior to the sale and were given positive responses that there was 'none' so it comes down to dollars and 'sense' from both the dealer and us...arguing won't solve the problem so we'll negotiate some resolution when they're ready.

If reversing the deal becomes a reality we'll do that. We realize we'll lose some. Just don't want to lose all.

We think and hope the repair can be done economically and correctly so we can enjoy all the good things this coach has to offer...
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Old 10-04-2011, 12:12 PM   #37
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Navychaps -

In most commercial transactions the retail buyer has a HUGE information disadvantage compared to the seller. Getting a lawyer to explain your actual situation (as opposed to the astonishing collection of half baked advice offered by acquaintances and on websites like this one) helps level the field. It is not about "going legal" or "lawyering up", it is about recognizing that the other side understand the game and you don't.

Going into negotiations with a commercial organization without a firm handle on your situation can result in very bad outcomes. I know, I am often the one on the other side, where I know how it works and the people trying to deal with me don't, and it is clearly to my advantage. I'm quite ethical, but I have seen and heard appalling accounts of people being badly used because the were poorly informed.

Ignorance is not bliss.
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Old 10-04-2011, 01:12 PM   #38
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the coach was bought 'As-is' however we specifically questioned water leakage and damage prior to the sale and were given positive responses that there was 'none' so it comes down to dollars and 'sense' from both the dealer and us...arguing won't solve the problem so we'll negotiate some resolution when they're


You bought "AS IS"; I wish you all the luck in the world; you will need it.
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Old 10-04-2011, 01:46 PM   #39
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Navychaps -

In most commercial transactions the retail buyer has a HUGE information disadvantage compared to the seller. Getting a lawyer to explain your actual situation (as opposed to the astonishing collection of half baked advice offered by acquaintances and on websites like this one) helps level the field. It is not about "going legal" or "lawyering up", it is about recognizing that the other side understand the game and you don't.

Going into negotiations with a commercial organization without a firm handle on your situation can result in very bad outcomes. I know, I am often the one on the other side, where I know how it works and the people trying to deal with me don't, and it is clearly to my advantage. I'm quite ethical, but I have seen and heard appalling accounts of people being badly used because the were poorly informed.

Ignorance is not bliss.
Sniff--Just stating my opinion
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Old 10-05-2011, 01:23 AM   #40
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The coach was bought 'As-is' however we specifically questioned water leakage and damage prior to the sale and were given positive responses that there was 'none' so it comes down to dollars and 'sense' from both the dealer and us...arguing won't solve the problem so we'll negotiate some resolution when they're ready.
Do you have it in writing that there were no leaks? If not then their assurance is worth nothing to you. The written contract will override any verbal agreement or assurance. All they have to do is show the signed contract to your lawyer and it's pretty much over. That's why you get EVERYTHING in writing before money changes hands.
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Old 10-05-2011, 04:56 AM   #41
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Do you have it in writing that there were no leaks? If not then their assurance is worth nothing to you. The written contract will override any verbal agreement or assurance. All they have to do is show the signed contract to your lawyer and it's pretty much over. That's why you get EVERYTHING in writing before money changes hands.
Yes - in writing from the owner of the dealership.
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Old 10-10-2011, 09:25 AM   #42
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What have you found out? Hope it good .
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