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05-22-2017, 05:04 PM
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#1
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Senior Member
Join Date: Nov 2016
Posts: 107
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Cancel RV Purchase
We gave $2500 as a deposit for the motorhome however due to medical reasons we can't move forward. The RV has not arrived still in production and I do not have anything that states no refunds or a formal contract. Is there a way legally to cancel the purchase?
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05-22-2017, 05:24 PM
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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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No purchase agreement whatsoever? What do you have that acknowledges your $2500 deposit?
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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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05-22-2017, 05:48 PM
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#3
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Senior Member
Monaco Owners Club Thor Owners Club
Join Date: Jan 2012
Posts: 761
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We had to get a lawyer. We got our deposit back ($10000) but the lawyer costs were around $3000.
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Thor ACE 2013 29.2
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05-22-2017, 05:51 PM
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#4
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Senior Member
Tiffin Owners Club
Join Date: Nov 2014
Posts: 388
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Before you go the legal route why don't you talk to the dealer and ask if they will refund your deposit. If not now, when they sell it. If it hasn't left production maybe the dealer can work with the factory to send elsewhere.
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05-22-2017, 06:05 PM
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#5
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Community Administrator
Pond Piggies Club LA Gulf Coast Campers Outdoors RV Owners Club Entegra Owners Club Skyline Owners Group
Join Date: Mar 2002
Posts: 40,728
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X2 on talking with your dealer. You should've gotten some paperwork from your deposit. Did you order a unit? If so, how did you order without any order form? There should be a cancellation clause somewhere on the paperwork. If you didn't sign any paperwork yet exchanged money, that's a HUGE mistake on your dealer's part.
There are all sorts of things in play once you put down a deposit. You really need to open a dialog with the dealer. Good luck.
Lori-
__________________
Lori (& Dave, my spirit guide) - RV/MH Hall of Fame Lifetime Member | My iRV2 Photo Albums
2016 Phoenix Cruiser 2350S, 2018 Phaeton 40IH,2006 Bounder 36Z, 2004 Cougar 285EFS, 2000 Aerolite 25FBR
There is great need for a sarcasm font.
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05-22-2017, 06:30 PM
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#6
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Senior Member
Join Date: Nov 2016
Posts: 107
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Quote:
Originally Posted by vsheetz
No purchase agreement whatsoever? What do you have that acknowledges your $2500 deposit?
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We have a form with the specs but not a formal contract and the dealer wrote the amount of the deposit. No clause referencing cancellations or refunds.
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05-22-2017, 08:44 PM
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#7
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Senior Member
Join Date: Feb 2010
Posts: 4,654
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Call the dealer ASAP and due to medical they should understand.
It may depend on the particular sale and if ordered or not.
You could call the manufacturer too if they have not started building it yet then no foul.
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Tony & Lori
1989 Country Coach Savannah SE
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05-22-2017, 08:47 PM
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#8
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Senior Member
Join Date: Jan 2011
Location: Pensacola, FL
Posts: 2,457
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Check the back side of your paperwork. Many have "Boilerplate" terms and conditions - often in soft type.
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2008 Itasca 37H
2011 & 2012 Len & Pat's "One lap of America"
27K miles & 41 states in 13 months
Yellowstone Lake 6-1-2012
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05-22-2017, 09:25 PM
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#9
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Community Moderator
Newmar Owners Club
Join Date: Feb 2011
Location: Point Pleasant Beach, NJ
Posts: 31,518
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I agree with contacting the dealer. I'm sure there is a way that this can be worked out without going the "legal" route.
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Tony & Ruth........... FMCA#F416727
2016 London Aire 4519, Freightliner chassis, Cummins ISX, 2018 Jeep Wrangler Unlimited, Blue Ox Avail with AF1. TST 507 TPMS
No amount of money can buy you an extra second of time.
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05-23-2017, 04:45 AM
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#10
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Senior Member
Join Date: Aug 2013
Posts: 230
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You should be able to get your money back - just talk to them and explain the situation. We bought one with a 500 dollar deposit at an RV Show. Due to delayed delivery, we sought other rigs during the down time - we found something we liked better from another dealer - point here is that we called our dealer - the original sales rep left the company(curve ball) - told them we were no longer interested in the unit. We did ask before commitment about changing our mind - they were agreeable - HOWEVER....no one likes to lose a sale. We had a new rep assigned to our account. They did try to work us another deal wanting to keep our business obviously. At the end of the day, they were slow about refunding but returned all funds.
__________________
Mickey Alberto
2020 Heartland Elkridge 38MB, Andersen Ultimate
2020 Ford F-350 SRX 4x4 CCLB SRW 6.7 Diesel
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05-24-2017, 12:01 PM
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#11
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Member
Ford Super Duty Owner
Join Date: May 2016
Location: Rochester, NY
Posts: 81
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Contact the dealer and explain the situation and ask for a refund. If they say no, and you have no formal contract about the deposit you can always take them to small claims court. Be sure to make notes of everything. Dates/times/names etc. From as far back as you can remember to this point and keep track moving forward.
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05-25-2017, 03:11 AM
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#12
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Senior Member
Join Date: Nov 2016
Posts: 107
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Quote:
Originally Posted by Knoxie89
Contact the dealer and explain the situation and ask for a refund. If they say no, and you have no formal contract about the deposit you can always take them to small claims court. Be sure to make notes of everything. Dates/times/names etc. From as far back as you can remember to this point and keep track moving forward.
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Thanks. I did contact the general manager and he's citing an internal policy. I have an attorney involved since they will not refund us.
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05-25-2017, 05:34 AM
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#13
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Senior Member
Join Date: Oct 2016
Posts: 152
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I will take the devil's advocate position here.
Unless there was a clause in the contract that specified conditions for a refund, legally the dealer can keep the deposit, unless there are specific state laws.
Even without a written contract there is an implied verbal contract between 2 parties.
It is entirely pissible that the dealer placed the order with the manufacturer and himself had to give a deposit and also has a contractual obligation to take delivery of the unit.
Your best bet is to get hold of the businesses owner. He cares a lot more about his reputation than someone who works there.
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05-25-2017, 08:31 AM
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#14
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Senior Member
Join Date: Mar 2013
Posts: 492
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If got a lawyer involved be prepared for it to cost you a lot more then the $2500
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