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Old 10-02-2015, 09:09 PM   #15
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Originally Posted by Just For Fun View Post
To clarify:
1. This unit is on-hold for me to fly.drive from CA to FL to inspect and accept or refuse
2. They requested a $5k deposit to hold this coach in my name
3. I want to place on the Purchase Agreement that this deposit is full refundable if I choose NOT to purchase this rig upon arrival and check-out
4. Salesperson states "If the statement appears on a Purchase Agreement 'Refundable Deposit' it is not a legal contract in FL."

While I do not know FL contract law, this sound like total BS to me.
Why all the way to FL for an RV? Is it extra special or the price really low? Go see DDRV in Orange County. They may be hard to beat on selection and price.
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Old 10-03-2015, 05:30 AM   #16
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All's well that ends well (for me).

I received a phone call from this firm's General Manager of Sales agreeing to hold this coach for my final inspection WITHOUT a deposit!!! Good guy. Good opportunity. Hopefully a great coach. And yes, a really good price.

Thanks you all of your comments and suggestions.
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Old 10-03-2015, 05:40 AM   #17
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I gave Lazy Days a few thousand dollars ( fully refundable ) to hold an RV for a few days until I could come see it. It was a verbal / email agreement which may have been considered a contract. I'm not a lawyer .
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Old 10-03-2015, 07:31 AM   #18
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All's well that ends well (for me).

I received a phone call from this firm's General Manager of Sales agreeing to hold this coach for my final inspection WITHOUT a deposit!!! Good guy. Good opportunity. Hopefully a great coach. And yes, a really good price.

Thanks you all of your comments and suggestions.

That's how it's supposed to work, or with a minimal refundable deposit. Good to hear you were able to get it straightened out. Would like to have been a fly on the wall listening to the conversation leading up to that call.

I would avoid the sales person you were talking with at all cost. He is clearly focused with one thing in mind (not the truth!).
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Old 10-05-2015, 03:31 PM   #19
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If he wants a non-refundable $5k up front to hold it for you, obviously he doesn't think you are serious. Or he knows you will probably decline once you see it.

I believe a contract generally requires a "binder" (a cash deposit or other consideration) to be considered binding on all parties. You pay $ and he accepts it, and that act seals the contract. Could be as little as $1. However, not sure that a refund clause invalidates that, regardless of the reason. Any contract can be terminated for non-perfromance, and the contract usually spells out the allowable reasons. I think the sales guy is playing hardball with you, and that's not a good sign. No matter how attractive the deal sounds.

I don't know the current policy, but we've bought a couple caches from Lazy Days in Florida and they accept a $500 deposit that is fully refundable if you don't like the rig once you see it. The law isn't an issue because they honor the agreement as written, as any ethical dealer should. Your guy is making legal excuses and you haven't even begun a relationship yet. I think I would shop elsewhere.
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Old 10-05-2015, 08:01 PM   #20
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Sounds like you are going to view the coach. Hope it turns out to be everything you were told it is and everything you want.
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Old 10-13-2015, 09:48 PM   #21
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There is no right of rescission on cars,motorcycles, rv's ect. I have proved it time and time again. Car dealers and the like are not walmart. Had one guy buy a truck with the sole intent of moving his daughter to college and wanted to return the truck on monday. A rental would have been far cheaper and judging by the volume of his wife yelling at him, he could have saved on the divorce attorney as well. Just when I think I've seen it all, the public amazes me again.
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Old 10-13-2015, 10:04 PM   #22
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There is no right of rescission on cars,motorcycles, rv's ect. I have proved it time and time again. Car dealers and the like are not walmart. Had one guy buy a truck with the sole intent of moving his daughter to college and wanted to return the truck on monday. A rental would have been far cheaper and judging by the volume of his wife yelling at him, he could have saved on the divorce attorney as well. Just when I think I've seen it all, the public amazes me again.
See post #9 for the actual cites.
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Old 10-16-2015, 01:32 AM   #23
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OK this may help or not for all of you Jail house Lawyers.
The 2 or 3 day cooling off period on a purchase has to do with the High Stress Door to Door sales that happen, NOT you going into place of business and signing a contract.
Now as far as contracts, if both parties sign the said contract and it states that the Deposit is Fully Refundable then usually it is a binding contract. Thus the word "CONTRACT"
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Old 10-21-2015, 08:00 AM   #24
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and again that is what mr d posted and what I have read a hundred times to customers but was too lazy to post here. There are only provisions for transactions that occur at ones home and certain real estate transactions.
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