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06-23-2014, 12:48 AM
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#1
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Member
Join Date: Jul 2012
Posts: 57
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When do you sign the sales contract?
I am a newbie. I am interested in buying used 2014 5th wheel. When do you sign a contract for the sale... we are pre-approved so no financing, Do you to sign contract "before or after" the walk-thru?
They put a clause in contract which they also call a "closing tape" that makes me uneasy. It states in bold underlined writing: "When you sign these papers, you agree that there are no other promises or agreements implied or expressed except what is written in your contract. Any verbal promises "or agreements" by anyone are NOT part of this agreement unless it is in writing on these papers."
We have been told and emailed about what they will do to unit and the condition the trailer is in...that all manuals available...frame not bent and in goods condition, scuff to be fixed..water mark not caused by pipe leak, etc but these promises were made verbally and in emails they would all be null & useless unless we can get them to add it to this contract in the area they call "closing tape'.
Also they have form to sign that if there are any problems you can only go to arbitration and you waive right to jury trial. Is that normal?
There is also a Form 1077TX. Page one is amount of the deal, taxes, etc. On page 2, it looks like parts may have been altered, especially in number 10 and 11 which is typed in all caps. The rest of document not in all caps. In number 10 & 11 there are wrong tenses used and incorrect verbiage..example-used "there" instead of "their"..."accepted "when it should be "accept".."etc. Language very confusing also.
I pulled up Form 1077X on internet . I found where you can order these forms in bulk. The second page is small and hard to read (so no one can copy it). Does anyone have this form and know what the verbiage in 10 and 11 should actually say? Or understand it?
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06-23-2014, 03:40 AM
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#2
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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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Anything they commit to do after delivery, verbal/email stuff, should go into the contract unless done before delivery. If they balk at this, then their verbal/email commit are not binding. I recently bought a trailer and contract was not signed until after all issues were resolved and my final inspection/acceptance.
__________________
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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06-23-2014, 05:44 AM
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#3
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Senior Member
Join Date: Sep 2012
Posts: 4,232
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Get it in writing if you're scared. Sign it after you walk through it.
Also, I've told you this before; if you have this much angst about this trailer, DON'T DO IT!
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06-23-2014, 02:00 PM
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#4
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Senior Member
Join Date: Feb 2014
Posts: 105
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You shouldn't have to sign until after the walk through; any remaining issues need to be put in writing and included as part of the contract. Think of your walk through like test driving a car. Would you buy a car without driving it first? Same thing.
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06-23-2014, 02:12 PM
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#5
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Senior Member
Texas Boomers Club
Join Date: Dec 2003
Location: Mo/Texas
Posts: 3,555
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Quote:
Originally Posted by jesilvas
Get it in writing if you're scared. Sign it after you walk through it.
Also, I've told you this before; if you have this much angst about this trailer, DON'T DO IT!
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Couldn't have been said any better. If the dealer won't agree to a walk-through before signing, walk. I sign nothing even though a dealer might have told me "everything" has been done. The last mh only had half of the things done that I had them put in writing when we went to do our final walk-though/sign/drive.
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06-23-2014, 02:22 PM
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#6
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Senior Member
Winnebago Owners Club
Join Date: Mar 2014
Posts: 14,891
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Yay for the walkers. There are too many RV for sale to have the worries you are about the trailer.
__________________
Gordon and Janet
Tour 42QD/InTech Stacker
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06-23-2014, 03:30 PM
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#7
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Senior Member
Join Date: Jul 2010
Posts: 5,333
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When do you sign the sales contract?
I have no issue with the closing tape clause. However, before you sign anything gather all your emails, write down what you have been told verbally and by who and get them all in the contract that you and they ultimately sign. I would also have every one of the English errors corrected. Make sure whoever signs for them is authorized to do so.
In the contract you could add the walkthru, shakedown trip, and that all items to be corrected at their cost after the shakedown trip. Make sure you clearly understand what they will and will not correct.
Many companies are going the arbitration route. If it makes you uncomfortable, don't sign it. They may not go through with the deal if you don't but like others have said, plenty of deals out there.
__________________
Tom
2016 Newmar Bay Star Sport 3004
2021 Jeep Gladiator Sport Willys
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06-23-2014, 07:45 PM
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#8
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Member
Join Date: Jul 2012
Posts: 57
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Quote:
Originally Posted by wildtoad
I have no issue with the closing tape clause. However, before you sign anything gather all your emails, write down what you have been told verbally and by who and get them all in the contract that you and they ultimately sign. I would also have every one of the English errors corrected. Make sure whoever signs for them is authorized to do so.
In the contract you could add the walkthru, shakedown trip, and that all items to be corrected at their cost after the shakedown trip. Make sure you clearly understand what they will and will not correct.
Many companies are going the arbitration route. If it makes you uncomfortable, don't sign it. They may not go through with the deal if you don't but like others have said, plenty of deals out there.
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They would only put "part of what was agreed to" on a "we owe" page separate from their binding 4 page closing tape/agreement that stated anything verbally promised or agreed to did not count unless included in writing in the 4 page agreement. They wouldn't add it to the agreement. They would not remove that one sentence. It made us uneasy. We told them we no longer interested.
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06-23-2014, 07:46 PM
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#9
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Senior Member
Join Date: Sep 2012
Location: Palm Coast Florida
Posts: 12,995
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Humm - some places actually let you stay on their grounds for 1 or 2 nights to make sure you find things that need fixed.
Just get everything added to the 'Closing Tape' so you have it in writing.
Heck - my last trailer was to have a group 29 battery. But I accepted a group 27 battery so I could get on the road...ugh.
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06-29-2014, 11:21 AM
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#10
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Registered User
Outdoors RV Owners Club
Join Date: Jan 2014
Location: La Verne, Calif
Posts: 3,649
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Tell them that everything has to be in the contract or you walk. Go with your gut. I would make them fix everything before I sign. They want your money more than they want that trailer. If you don't feel comfortable with the dealer, just walk now.
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06-29-2014, 11:24 AM
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#11
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Senior Member
Join Date: Feb 2014
Location: Bamber Lake
Posts: 500
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If your buying When they hand it to you!
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06-30-2014, 04:35 PM
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#12
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Senior Member
Thor Owners Club Pond Piggies Club Outdoors RV Owners Club
Join Date: Jun 2000
Location: NE. Ohio USA
Posts: 5,973
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Being a 2014 didn't it even come with at least a 30 day warranty? I might have walked too. Too easy for them to not fix things....The only way I would have proceeded was everything was perfect. I wouldn't have signed a thing. I'm surprised they didn't offer any warranty.
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