Really need advice on RV legal matter

[Z714X4]

Originally Posted by Mike Thomas

" I believed him and said to go ahead and install what they sent. " This is the part that kills the whole deal. You authorized him to put on what they had, without looking at it. Now you have an attorney who is happy to convince you that you should sue, not because he thinks you are right or wrong, but because he knows he can make money whether you win or lose. Hate to point out the obvious, but you said put it on, now you have to live with it. Or pay to have them put on what you wanted in the first place.

x2
Not trying to be mean but... Where's the personal responsibility? I'm sure it sucks and I'm sure you are not happy but you did take the guys word for it and you did approve it without checking yourself and that makes you ultimately responsable. Hire a lawyer if you've got the disposable income.
Key word being disposable....

[Midniteoyl]

Originally Posted by jamesgr81

Free legal advice from my brothers.....2 attorneys. They happened to come by while I was in the shop and I casually mentioned this subject.

Both said lawyer would turn down case as a loser unless you really wanted to throw your money away.

"You really should have visually inspected or been damn sure you would accept the result when you gave your approval by phone."

FWIW I would take the roof and ask for some compensation. The replacement could leak and/or they would be rushed into doing a slipshop job as they will be making no money on replacement. Just my own 2 cents.....

x2 - redoing it, again, is stupid...

The ONLY real question is what 'a little lighter' means between the two parties... And that will pretty much be a losing battle as opinions differ. Is it really 'white' or 'very light grey'?? 'Dove' sounds like a 'very light grey' to me...

And, to answer someones question: The manager called because the color was wrong and he wanted to know if he should proceed to put it on or reorder.. the OP choose to proceed..

[fansill]

As one of the hated breed that most of you folks like to bash...(Lawyer), I am going to play devils advocate for the other side. With your verbal consent for the installation of the roof, an argument will be made that you agreed to the replacement roof and you were informed that it was not the exact color you originally had. This could and would probably be upheld as a binding contract. Unfortuneately, you had the option of inspecting the color of the exact replacement roof before agreeing to installation. You chose to accept the opinion of the repair technician when he described the difference in color.

On the other hand you could argue that the repair shop ordered the replacement incorrectly and thus, they are responsible but if you choose to go this route, some lawyer will be charging you hourly for their time.

I would try to get to some sort of compromise with the dealership/repair shop and ask if they could do something for you as compensation for your inconvenience. Maybe installing some other goodie that you have been coveting for your RV?? Sorry to be the bearer of gloomy news...

Just my 2 cents worth...

Faith

[Tha_Rooster]

The way I read your post you gave them the go ahead without looking at it.And I am sure they documented the day and time they called you. Sorry to say you could have lawyer fees going over the cost of a new roof easy. As for your insurance company I would be shocked if they pay for it again.

[wa8yxm]

Originally Posted by Possum

Hot damn I wish you guys would quit picking on lawyers.
You have to remember is just 98.9% of them giving the rest a bad name.

Possom. I know that is a joke but did you know it is more like 50 percent.

And perhaps even less.

(IN every court case there are at least two lawyers and ONE is a "Good Guy" by your standards.. One is a "Good guy" By may standards. and sometimes.. It's even the same one)

[ajlcal]

I wrote the original post for this thread. When I wrote that post, I knew that only a lawyer could give legal advice. What I was looking for was some input from others because my wife and I were so angry that we couldn't think objectively. It seems that most who responded thought that I should accept the color they installed. I agree with that for many of the reasons in the responses. When my wife and I were reading what you all had to say, we found ourselves saying, "he's right or she's right". But, we disagree with one thing that I may not have been clear about in the original post. I never told them to install the wrong color. I told them to install what they told me was the right color because they told me that "if Keystone sent it then it must be right". There's a difference. We're going to pick up the RV as it is but we're planning to try small claims court on our own because we can prove with documentation that they ordered the wrong color. What we have to prove to a Judge is that they misled us with statements like; "we used your VIN# to order it so it must be the right color", or "it's just that Keystone changes colors every once in a while". And, "it's just a shade off so I'd go for it if I were you". I think I can prove that they misled me to any reasonable Judge in small claims court. Maybe they were anxious to install what they ordered because they couldn't return their mistake and these rubber roofs are quite expensive. That sounds like a motive to mislead someone.

[JimM68]

Why not just let the insurance company handle it?

I insure with state farm. All repairs done by state farm authorized shops are 100% guaranteed forever. If this happened to me, I'd leave it on thier lot, and call me agent and tell her it's not right.

I am 100% confident state farm would make it right.

[Ray,IN]

Originally Posted by Wayne M

If you loose, just consider explaining to anyone that asked why the roof is white that you ordered it that way to reflect the heat. They'll never know the difference.

That's what I would do; as a matter of fact, every Dicor membrane I've ever seen is white.

I'm amazed the RV shrouds are black to absorb heat- rather than white to reflect heat-sounds counter-intuitive to me.

[ajlcal]

UPDATE! I just received a phone call saying that the service department will be installing the right color roof at no additional cost to me or my insurance company. Of course they want the insurance check from the original job. They admit that they installed the wrong color (I hope no one lost their job over this). I think that telling the general manager that I can prove that they ordered the wrong color did the trick (thank you to Keystone Customer Service for providing that info to me). I know that there are those in the forum who think that doing the job twice is not a good idea. I agree but my RV is only 5 months old and I want it back to factory condition. I'll take my chances. Thanks to all those who helped. This is what I like about iRV2. By the way, there isn't a tree on this planet that will hit my RV again after this experience.

[JohnRR]

Originally Posted by ajlcal

UPDATE! I just received a phone call saying that the service department will be installing the right color roof at no additional cost to me or my insurance company.

Thank you for the update that information should prove to be an enlightening subject.

[Wayne MD]

Sounds like some satisfaction is at hand. Let us know how this case ends.

[Francesca]

Originally Posted by ajlcal

UPDATE! I just received a phone call saying that the service department will be installing the right color roof at no additional cost to me or my insurance company. Of course they want the insurance check from the original job. They admit that they installed the wrong color (I hope no one lost their job over this). I think that telling the general manager that I can prove that they ordered the wrong color did the trick (thank you to Keystone Customer Service for providing that info to me).

Glad to hear it's turning out alright for you!

You sure hit the nail right on the head- Keystone's assertion re: dealer failure to use VIN when ordering put the ball right in your court.

And thanks VERY MUCH for following through and telling your results.
Sometimes folks forget to do that, and the good guys (Keystone in your case) wind up looking bad...

Great job standing up for yourself, and don't worry about the new roof leaking.
I think you're going to get the VIP treatment from your dealership now that they know you won't back down!

Francesca