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12-06-2018, 09:42 AM
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#15
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Senior Member
Join Date: Jul 2018
Posts: 4,922
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Quote:
Originally Posted by Haleygirl725
The retail contract is the one that tells you your monthly payments , the buyers order is the important one they seem to need with all the prices fees taxes tags fee it’s a purchase agreement it’s also called I just read at bottom did not sign that
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It's after 8am everywhere in the continental USA - have you called the consumer affairs office at the local District Attorney, or the consumer office of the state Attorney General?
Why ask a bunch of armchair lawyers when you need advice specific to the state you are in?
__________________
2005 Four Winds Majestic 23A
“To the world you may be one person; but to one person you may be the world.” - Dr Suess
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12-06-2018, 09:48 AM
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#17
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Senior Member
Join Date: Jan 2018
Location: Capistrano Beach, California
Posts: 4,465
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Quote:
Originally Posted by Haleygirl725
The retail contract is the one that tells you your monthly payments , the buyers order is the important one they seem to need with all the prices fees taxes tags fee it’s a purchase agreement it’s also called I just read at bottom did not sign that
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From you last posts, it sounds like you did not agree to purchase anything. The fact they are "hounding you" to sign because they cannot proceed without your signature tells you all you need to know.
You apparently signed an installment contract which is required by the Truth in Lending Act. It's purpose is to spell out the terms of an installment purchase, should that purchase be made. It simply indicates that you were made aware of all financial obligations for the money you borrowed to pay for the purchase. If you never signed a purchase contract, you haven't bought anything.
__________________
Larry, Eileen, and Finley
2004 Alpine 36FDDS
Third motor home, first Alpine, no need for another.
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12-06-2018, 09:50 AM
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#18
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Senior Member
Join Date: Oct 2016
Posts: 1,454
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If you dont want it dont take it and tell them you are not going to pay for it. They may act like you are going to jail and that they will sue. Their loss is nothing, no damage. If there is no loss or damage a judge will see this.
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12-06-2018, 09:55 AM
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#19
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Senior Member
Country Coach Owners Club Solo Rvers Club iRV2 No Limits Club
Join Date: May 2011
Location: Vancouver, WA
Posts: 37,725
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Quote:
Originally Posted by rvethereyet
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Not on vehicles. The posted link says vehicles do not have a "cooling off period". Sign the contract and it's yours.
__________________
2009 45' Magna 630 w/Cummins ISX 650 HP/1950 Lbs Ft, HWH Active Air
Charter Good Sam Lifetime Member, FMCA,
RV'ing since 1957, NRA Benefactor Life, towing '21 Jeep JLU Rubicon Ecodiesel
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12-06-2018, 10:03 AM
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#20
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Senior Member
Newmar Owners Club
Join Date: Feb 2016
Location: North Port, Florida
Posts: 145
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Quote:
Originally Posted by Mr_D
Not on vehicles. The posted link says vehicles do not have a "cooling off period". Sign the contract and it's yours.
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Please check the state laws as they apply to vehicle sales. In Virginia and Florida, regardless of what is signed, the transaction is not complete until the wheels “cross the curb” leaving the dealership. Buyers order is just a work sheet. I believe this wheels over the curb applies to most states. The dealer may deny this little known fact, but it is part of the change of ownership transaction
Eric
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12-06-2018, 10:06 AM
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#21
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Senior Member
Join Date: Jul 2018
Posts: 4,922
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Quote:
Originally Posted by Mr_D
Not on vehicles. The posted link says vehicles do not have a "cooling off period". Sign the contract and it's yours.
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In the paperwork I signed when I purchased my Class C was a notice that I had 72 hours to rescind the buyers offer and sellers acceptance. Whether that was by the dealer's choice or state law, I can't say. The caveat was that I'd be charged rental rates for each day and mile the unit had not been in the dealer's possession. Seemed fair.
If all she signed was the financing documents, she's not on the hook for purchases as far as we can tell from our desks, chairs or dream dinettes.
__________________
2005 Four Winds Majestic 23A
“To the world you may be one person; but to one person you may be the world.” - Dr Suess
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12-06-2018, 11:07 AM
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#22
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Senior Member
Join Date: Jan 2017
Location: Titusville, FL
Posts: 5,164
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What was he point of you spending the night in it? Was that to determine if you wanted to purchase it or was it because you bought it? Is it new or used?
A buyers order is simply a vehicle dealers term for a bill of sale. I believe the two serve the same legal purpose. Signing finance papers is between you and the finance company. Has nothing to do with ownership transfer even if the dealer and finance company are one and the same.
__________________
When seconds count, the police are only minutes away.
2023 Grand Design 2600RB, 2022 F-350 King Ranch tow vehicle, Titusville, FL when not on the road
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12-06-2018, 11:10 AM
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#23
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Senior Member
Join Date: Jan 2017
Location: Titusville, FL
Posts: 5,164
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Quote:
Originally Posted by Blufox
Please check the state laws as they apply to vehicle sales. In Virginia and Florida, regardless of what is signed, the transaction is not complete until the wheels “cross the curb” leaving the dealership. Buyers order is just a work sheet. I believe this wheels over the curb applies to most states. The dealer may deny this little known fact, but it is part of the change of ownership transaction
Eric
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I think you have been misinformed.
Read here what the Florida Bar Assn has to say about it:
https://www.floridabar.org/public/consumer/tip012/
__________________
When seconds count, the police are only minutes away.
2023 Grand Design 2600RB, 2022 F-350 King Ranch tow vehicle, Titusville, FL when not on the road
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12-06-2018, 02:26 PM
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#24
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Senior Member
Join Date: Oct 2016
Posts: 1,454
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Quote:
Originally Posted by Mr_D
Not on vehicles. The posted link says vehicles do not have a "cooling off period". Sign the contract and it's yours.
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You are right and I am wrong Mr D. This has to do with home mortgages. But there are a few states that allow a cooling off period. Thank you for your correction
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12-06-2018, 02:35 PM
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#25
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Senior Member
Country Coach Owners Club Solo Rvers Club iRV2 No Limits Club
Join Date: May 2011
Location: Vancouver, WA
Posts: 37,725
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Quote:
Originally Posted by rvethereyet
You are right and I am wrong Mr D. This has to do with home mortgages. But there are a few states that allow a cooling off period. Thank you for your correction
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No problem! There are a lot of people that are confused by that law and how it's applied to the various types of purchases.
__________________
2009 45' Magna 630 w/Cummins ISX 650 HP/1950 Lbs Ft, HWH Active Air
Charter Good Sam Lifetime Member, FMCA,
RV'ing since 1957, NRA Benefactor Life, towing '21 Jeep JLU Rubicon Ecodiesel
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12-06-2018, 02:40 PM
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#26
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Senior Member
Join Date: Aug 2016
Posts: 1,817
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If you still want to purchase the RV then go sign the paperwork and make it yours.
If you do not want to buy it and you have informed them of your decision but they are acting as if though you signed something that legally says you purchased it then take everything you signed and go see a lawyer.
No one here can help you without seeing the paperwork and even then, even if there were a lawyer on this board they would be the first to tell you you need to see a lawyer in your jurisdiction.
A brief story, many years ago when me and the wife were extremely young we put a down payment down on a mobile home to be delivered and set up in a new community. I gave a substantial down payment and signed a purchase agreement. Turns out they misrepresented the lot it was supposed to be set on and they neglected to tell us the roads wouldn't even be paved for more than a year.
I told them I did not want the home within a week of signing the paperwork. They said tough, I bought a home.
Not knowing what to do I went to my boss at the time and asked if he could recommend an attorney. He set up an appointment with his attorney who also happened to be the city prosecutor for the city where the dealer is located.
I had my deposit back a day later less 250 bucks for the attorney fees.
It was as simple as pointing out to the dealer that his boilerplate contract had several points that were illegal and they really didn't want the prosecutor looking into their business practices.
The TLDR version is if they pressuring you to do something you've changed your mind about go see a lawyer.
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12-06-2018, 02:56 PM
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#27
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Senior Member
Monaco Owners Club
Join Date: Sep 2014
Posts: 4,569
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Most things that we fear never happen.....
Did you actually try telling them that you are having buyers remorse and would like to think about your decision a while longer? Unless you've been very demanding up to this point they may be understanding and tell you that they'll be ready to sell when you're ready to buy. If that doesn't work you're going to have to consult a lawyer or someone with specific knowledge.
__________________
1996 Tioga Class C
2007 Monaco Diplomat 40 PDQ
TOAD 2012 Cadillac SRX 4
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12-06-2018, 04:59 PM
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#28
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Moderator Emeritus
Monaco Owners Club Texas Boomers Club
Join Date: Nov 2015
Location: Central Texas
Posts: 13,426
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Quote:
Originally Posted by Solo_RV_Guy
Typically you have 72 hours to back out of any motor vehicle purchase contract although state laws may vary.
If you're worried you should call your District Attorney's consumer affairs office or your state attorney general.
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The 72 hour cancellation window usually only applies to door to door sales.
Here's Texas rules regarding the issue.
Pursuant to Texas law, buyers are allowed a three-day right to cancel a purchase under certain circumstances. Purchases of services or goods in excess of $25 are covered by the law. In Texas, a salesperson or solicitor is required to inform a buyer — either in writing or verbally — that the buyer has a three-day right to cancel the purchase. If a salesperson does not provide a cancellation form, the buyer receives extra time to cancel the purchase.
Specifics
Texas' right to cancel law only applies to purchases over $25 that did not occur at the seller's "principal place of business." As such, purchases made at the buyer's home — typically involving door-to-door sales — or on premises rented by the seller, can be cancelled. However, if a car is purchased at a dealership, assuming the dealership is the seller's principal, or primary, place of business, the right to cancel law does not apply and the purchase cannot be cancelled.
__________________
Dennis and Katherine
2000 Monaco Dynasty
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