Bad Florida RV dealer

[cyqk]

I did not sign a contract....

[Contractor77]

A written contract is helpful, but not required. Sue them in Small Claims Court. Go to their county courthouse and ask for the Small Claims Clerk. They will help you with the filing of your claim.

[NXR]

Originally Posted by dbircky

... but I noticed on a home inspector’s terms and conditions it included a complete indemnity clause if they miss anything.

As an attorney once told me "A person who does not know their rights has no rights."

There really is no such thing as a complete indemnity clause that can hold up. Everyone who holds themselves out as competent to provide a service must do so in a workmanlike manner.

That's a specific term and is an implied warranty that means, in this context, if someone misses something that should have been caught and would have been caught by others in their profession they can still be held liable, contract clause or not.

But customers who do not know their rights will believe those contract clauses and not seek appropriate legal advice. They absorb a loss they should not have to.

Ray

[cyqk]

Thanks to the folks who have been responding!!!!


To the moderator...yes i do not want to bash this dealer and will not post the name untill this is resolved


What this topic is all about is seeking advise especially from someone who has experienced a dishonest dealer and how they were able to deal with it.


What i intend to do is post how i dealt with it for the benefit of folks who want to purchase an RV in Florida or elsewhere.




To all....please no bashing


To someone who has this experience please join in!!!!!

[RoverPodder]

Originally Posted by cyqk

What do you do when an RV dealer in central Florida decieves on a national website you hire an inspector that documents the deception and the dealer will not return you deposit

Through all your posts in this thread, you have not yet indicated what the "deception" by the dealer was? Can you provide details?

[wolfe10]

Originally Posted by Surf Fisher

A NRVIA inspector will never state how long the tires will last or list whether they are acceptable of fail. They will attempt to retrieve the DOT Code from each tire to list on their report or any obvious outside physical conditions that can easily be seen. It is up to the buyer to determine whether they accept the age and condition of the tires or not.

Air bags, either acceptable or fail (deflated) plus a photo of an air bag.

Shocks are not on the report unless the inspector crawls under the coach which the two I mentioned in my post would NOT get under a 40 or 42 foot bus coach. Also, there is no date code on shocks so either it is leaking (FAIL) or not (Acceptable). Or the inspector can tell from the test drive at the end of the inspection.

To my knowledge, an inspector is never given any maintenance reports so how are they to know whether something is a result of "deferred" maintenance or not?

I had a complete history of ALL maintenance on my 2002 Monaco Windsor when the inspector showed up but he never asked for it. However, after the deal was completed, I supplied the buyer with all of the maintenance, repairs and upgrades done over the 18+ years I had owned the coach in addition to almost 2 GB of information I had accumulated over the years on my laptop.

Yes, I too have seen those kind of reports on coaches as well as sticks and bricks properties.


To me, they are "cold" and less than helpful, particularly for a newbie buying a complex coach.



Knowing the proper "care and feeding" of their new, complex toy should be part of the buying experience. And, they certainly aren't going to get that from the dealer.


Totally agree with you on the value of excellent maintenance records. Turned over 17 pages of records (print and electronic) along with all the manuals when we sold our Foretravel. Knowing what preventive maintenance has been done and more importantly, what is due should be a priority for any buyer.

[cyqk]

Dealer said everything worked no leaks


Big items including engine trans and generator all said working fine


inspector used moisture meter to illustrate how bad the roof had been leaking
generator would not run
interior items not working ,interior trashed


Looked like an insurance salvage

[cyqk]

Will begin on monday the process of filing a complaint with the Fl Att Gen office


Anyone have suggestions for filing in the Orlando area

[tcg]

Originally Posted by cyqk

I did not sign a contract....

Huh?

You gave a dealer money without signing a contract?

Seems like a simple small claims action. I might have missed it or you didn't say but how much money did you give the dealer?

[cyqk]

Sooooo........


Let me tell all what i found out so far.


Florida passed a law 501.976 that protects people over 60 years of age from just this type of bad rvdealer


Contacted Fl attn generals office and the rules governing rv dealers is administered by Florida division of motorist services they referred me to the regional office. Contacted them they emailed a complaint form and heard back from someone making first contact already


Seems the law has teeth large fines for a dealer doing what they did to me


Will keep posting

[NXR]

Originally Posted by cyqk

Florida passed a law 501.976 that protects people over 60 years of age from just this type of bad rvdealer

I do not see any age-related sections: https://criminallawyerjacksonville.com/0501.976.html

This one may cover your situation:

(10) Require or accept a deposit from a prospective customer prior to entering into a binding contract for the purchase and sale of a vehicle unless the customer is given a written receipt that states how long the dealer will hold the vehicle from other sale and the amount of the deposit, and clearly and conspicuously states whether and upon what conditions the deposit is refundable or nonrefundable.

Perhaps the dealer still has his copy of the receipt.

As an aside, these two sections are interesting from an RV perspective:

(17) Charge a customer for any predelivery service required by the manufacturer, distributor, or importer for which the dealer is reimbursed by the manufacturer, distributor, or importer.

(18) Charge a customer for any predelivery service without having printed on all documents that include a line item for predelivery service the following disclosure: “This charge represents costs and profit to the dealer for items such as inspecting, cleaning, and adjusting vehicles, and preparing documents related to the sale.”

Ray

[cyqk]

My case has been assigned to a Compliance Examiner


Will update...

[cyqk]

UPDATE


The representative from the Attn Generals office has sent a notice to the dealer to refund my deposit!!!!!!


Don't think a dealer would want to ignore that one!!!!


Good news will update

[tcg]

Originally Posted by cyqk

UPDATE

The representative from the Attn Generals office has sent a notice to the dealer to refund my deposit!!!!!!

Don't think a dealer would want to ignore that one!!!!

Good news will update

I'm still interested in how the transaction occurred, you said you gave the dealer a deposit without signing anything.

How did that go down? And how much money?

I'm really curious.