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Old 10-01-2015, 05:17 PM   #1
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Here's a new one "Florida Dealer States..."

My dealer in Florida just told me that "In the state of FL, a contract to purchase an RV is not valid if on the contract it states Deposit is fully refundable if buyer does not accept motor home."

Is there any one on this forum that SPECIFICALLY knows the rules and regulation of contracts in Florida?

I'll be calling the state directly tomorrow to verify. But thought this would be an interesting question to ask. It may help other as well.
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Old 10-01-2015, 05:31 PM   #2
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Sounds fishy to me. A contract is a contract if both parties agree to it unless it is illegal. I can not think of any reason the state would declare such a document invalid.

The clause is highly in favor of the purchaser. Most state agencies have to look after the purchaser.
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Old 10-01-2015, 06:56 PM   #3
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Simple solution. Tell them to put the entire story on paper and sign it. You are then going to take that paper to your lawyer and possibly the police pending what your lawyer says about it.

Their reaction should tell you all you need to know.
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Old 10-01-2015, 07:03 PM   #4
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I tend to agree there is more to it. But if the contract reads "Deposit is fully refundable" then one of two conditions exists.. WHICH I DO NOT KNOW>

1: IN most all states there is a time limit on "Changing your mind" on major contracts.. For example one state I know of it is 3 business days. So if 2 days from signing, you decided NO.. you can rescend the contract and basically tear it up.. Put a stop payment on the check adn walk away.. SOME dealers will cahrge you a fee but I'm not sure if that is legal or not.

On the other hand if 3 weeks later you change your mind.. Well in one such case I know of the judge ruled in the favor of the mind changer (Seller in this case) I will say no more.

THe other possible condition is that the sale is not final till you accept the RV.. So if you get into it upon delivery and see that it is not at all what you ordered.. You can refuse and get your deposit back.

And that (Delivered RV is not what is ordered) is far too common.
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Old 10-01-2015, 07:05 PM   #5
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This may help, but be aware that RVs are not necessarily covered by purchase laws intended for car buyers. For example, the FL Lemon Law doesn't cover any large motorized vehicle, including a motorhome. And no vehicle without a motor.

http://www.flhsmv.gov/safetytips/PDFs/BuyingVehicle.pdf

Not sure what he means by "not valid". Is he saying he cannot enter into a contract like that? Or that you can't enforce the acceptance clause? Sounds like an excuse to me...
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Old 10-01-2015, 07:13 PM   #6
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Is the context that you placed a fully refundable deposit on an RV and then they sold it to someone else before you came in/brought all the money?

Or are they trying to force you to make a non-refundable deposit?

btw, I came across this:

http://www.flhsmv.gov/safetytips/PDFs/BuyingVehicle.pdf

and from the Florida RV association

Non-Refundable Deposits | Florida RV Trade Association

I would be highly suspicious of the dealer's position, but I am not a lawyer.

However, if this is a case where you put down a deposit and they sold the RV to someone and handed you back your deposit, even if they are in the wrong it's probably a loser of a case unless you incurred significant costs (for example, driving across the country and back, or buying plane tickets, etc etc).

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Old 10-01-2015, 07:14 PM   #7
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Is this dealer refusing to sell you a coach unless you sign his purchase "contract"?

Generally a dealer and customer will work towards a purchase "agreement" BOTH can live with. About any conditions can exist on it - similar to a real estate purchase offer. As long as both agree you're good to go.

Unless you have seen, touched and tested this coach to your hearts content, I wouldn't give the dealer the time of day, let alone sign a contract.

If he's making noise regarding a refundable deposit, I'd walk. Plain and simple.
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Old 10-02-2015, 12:09 AM   #8
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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.
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Old 10-02-2015, 12:18 AM   #9
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http://boards.answers.findlaw.com/in...within-72-hrs/

Quote:
Federal law allows you a 3 day right of rescission for two types of contracts: those that resulted from in-home sales (e.g. door-to-door sales calls) and certain loan contracts, primarily home mortgage loans and private education loans that exceed $25,000. Some states provide for a similar right of rescission for a few other types of contracts. SC, for example, provides a 3 day right to cancel a fitness club contract. But there is not right to cancel an auto purchase contract. The moment you enter into the contract, you are stuck with the terms of that deal. This is emphasized in a SC Department of Consumer affairs publication that lists the top 10 ten myths believed by consumers. Unless the contract itself lets you cancel within a certain period of time (very rare for auto contracts) the dealer can insist you pay as agreed or sue for breach of contract.
https://www.texasattorneygeneral.gov...5contracts.pdf
Quote:
There has been much confusion about contracts and the three-day right of rescission law, commonly referred to as the “cooling off period.”

Many consumers are under the impression that these laws apply to any and all consumer purchases. However, this is not true.
The right of rescission law applies only to very specific situations. The three day right of rescission law applies to sales made at facilities other than the seller’s place of business. Such locations may be the consumers residence and areas rented on a temporary or short-term basis, such as hotel rooms or convention centers
https://answers.yahoo.com/question/i...1090708AAYttcy

Quote:
There is no law (state or federal) that gives you the "right" to back out of a car deal after the paperwork is signed. There is no 3-day/10-day/30-day "buyers remorse" or "right of rescission" period. Once you have signed the paperwork, you have bought yourself a car. Now the dealer can do whatever they want. They can choose to cancel the deal, but there's no law that says they have to.
Time shares and cars are not the same thing. Many types of purchases do have have a period in which you can change your mind, but not automobiles.
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Old 10-02-2015, 12:50 AM   #10
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In Oregon when you buy a house you have a "cooling off period", which I think is 3 days, to change your mind and cancel the contract.


A refundable deposit to me never makes any sense unless you are buying something a dealer doesn't have in stock and has to order and can return or cancel with no penalty to them. I've always thought of it this way, if you want to put down a refundable deposit so you might buy my motorhome I might hold it for you unless someone comes up with the cash first.
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Old 10-02-2015, 01:17 AM   #11
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Quote:
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.
I gel that all down to, "If you want to buy it, fine, but we aren't going to take it off of 'available for sale' until you commit.

I'm guessing that since you are specific about what you want added to the agreement that you have it (agreement) in hand. Curious then, what does it say, if anything? More guessing - it's written 'as if' the buyer is already standing there checking out the potential buy, etc.?

That's a long trip you have, though. Only time I travelled for a pre-arranged vehicle purchase, we just had a gentlemen's agreement. He agreed to park it out back for a day (or whatever it was), and I agreed to make the trip to inspect and buy if as represented. He did, I did, it was, and all good. Not clear across the country though........
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Old 10-02-2015, 01:23 AM   #12
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Quote:
Originally Posted by 89sandman View Post
In Oregon when you buy a house you have a "cooling off period", which I think is 3 days, to change your mind and cancel the contract.
That's a Federal Law, see my post just before yours.
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Old 10-02-2015, 02:03 AM   #13
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Methinks the dealer has to protect himself from a potential buyer that might "change his mind because the coach doesn't meet his standard upon delivery." Having said that..$5K deposit seems a bit high to me. I guess depending on the value of said coach.
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Old 10-02-2015, 06:46 PM   #14
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5K does seem high. I made a $500 refundable deposit and drove from Il to Fl for my MH. They let us stay in it for 2 days to decide if we were going to take it or not. Wired transferd the money and drove it home.
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