Community Forums

RestlessInFL · 01-13-2020, 12:23 PM

Hi all,

Long time lurker. After initially posting awhile back, we decided to take the plunge but...now we're having serious issues.

Short version: After 2+ months of repetitive issues, we are trying to back out of our purchase of a fifth wheel. We are looking for a lawyer in Central Florida who can help with this, to the point of suing if necessary. We are curious if any forum members have any recommendations or experiences with any lawyer(s) in the Central Florida area (Tampa to Daytona) who tackle RV cases.

Long version:
At the beginning of November, we decided to purchase a fifth wheel trailer. We went to a large dealer about 2 hours from our house, and eventually decided on one. Next weekend, we went down for the walk through and to sign paperwork. During this time, we came up with a punchlist of items to be fixed. All cosmetic in nature other than the fireplace.

The dealer agreed to fix the items in a week or two after getting the parts, then would deliver (as we do not yet have our dually... waiting for fifth wheel to sell our house, using proceeds to buy the truck).
Around the week of Thanksgiving, the parts are finally ordered.

Fast forward to around the week before Thanksgiving, despite weekly calls, still no ETA and now being told +/- 6 weeks to get the parts. Dealer offers to deliver the unit and come back for it when the parts come in.

The delivery is then schedule for around the week before Christmas. During the attempted delivery, their delivery truck damages the unit. Unit goes back to the dealer.

No communication since this occurred and still no ETA or resolution within sight. Due to the issues to date, lack of clear communication and constantly shifting timelines, we are pretty much burnt and done. We want out of the deal. Even if they fix it, at this point the value of the trailer is already diminished due to the damage they caused. I know, it is a depreciating asset to begin with... but damages to the unit further push down the value.

I'm not yet naming the dealer as I'd like to seek legal advise to try and get out of this situation. So, I am hoping someone here can help point us in the right direction as we're struggling to find an attorney who will take on an RV case.

Thanks,
Restless in Florida

Florida Rang · 01-13-2020, 12:39 PM

Fred Levin ,,Pensacola. Yes, I know Pensacola but he handles R/V cases all over Florida. And he NEVER looses. He has handled cases against Ford and Dodge.

marjoa · 01-13-2020, 12:41 PM

Quote:

Originally Posted by RestlessInFL

Next weekend, we went down for the walk through and to sign paperwork. During this time, we came up with a punch list of items to be fixed. All cosmetic in nature other than the fireplace.

I'm not ragging on the OP here but I'm saying this for others, especially newbies wanting to get into an RV. When the the OP found these items during the walk thru, that's where everything should of come to a screaming halt. I'll sign when it's all done and I've looked at it and approve the repairs.

But....now that the papers have already been signed, the dealer has no incentive to hurry up and get stuff done. Meanwhile I'm sure his warranty clock is ticking away. I'm sure the OP is thinking that now.

Now to the OP...man I feel for you and this sucks. Since you HAVE NOT taken possession of the RV yet I would think you have a good case with a good lawyer. A good threatening letter may just do the trick. Have you tried to call the financing company about this? Yeah they probably won't do anything. I sure hope so.

mokurt · 01-13-2020, 02:37 PM

Wow good luck.
Wonder what the attorney would charge?

RestlessInFL · 01-13-2020, 02:43 PM

Quote:

Originally Posted by Florida Rang

Fred Levin ,,Pensacola. Yes, I know Pensacola but he handles R/V cases all over Florida. And he NEVER looses. He has handled cases against Ford and Dodge.

Thanks, I will check into him!

Quote:

Originally Posted by marjoa

I'm not ragging on the OP here but I'm saying this for others, especially newbies wanting to get into an RV. When the the OP found these items during the walk thru, that's where everything should of come to a screaming halt. I'll sign when it's all done and I've looked at it and approve the repairs.

But....now that the papers have already been signed, the dealer has no incentive to hurry up and get stuff done. Meanwhile I'm sure his warranty clock is ticking away. I'm sure the OP is thinking that now.

Now to the OP...man I feel for you and this sucks. Since you HAVE NOT taken possession of the RV yet I would think you have a good case with a good lawyer. A good threatening letter may just do the trick. Have you tried to call the financing company about this? Yeah they probably won't do anything. I sure hope so.

You are 110% right. I thought we did so good, super thorough walk through, negotiated a great deal (closeout model, price close enough to a used one we were originally looking at to make the decision to buy new). But... being young n' dumb (early 30s), I had faith they'd get it right without issue and signed. In retrospect, I will never sign before all fixes are made (be it car, boat, RV, whatever). Hard lesson learned!

Quote:

Originally Posted by mokurt

Wow good luck.
Wonder what the attorney would charge?

Honestly? At this point with how it has all happened, and with how the dealer is acting... I'd happily pay the lawyer fees.

**Spdracr39** · 01-13-2020, 03:15 PM

Hopefully you have all the dealers promises in writing otherwise it might be a difficult case to prove. I think your biggest positive is that they damaged it delivering it. That might be what wins it for you.

**hamm2018** · 01-13-2020, 03:35 PM

Let me ask this question, please:
You said their delivery truck driver damaged the unit. Question is was it the dealerships truck/driver or did they hire it out to a private driver, such as a transport company?
If a transport company the dealer may be dealing with that persons insurance to get the repairs done. But no excuse for the lack of contact on their part to keep you updated.
I would consider a lawyer if they do not start providing more information, but one thing for sure do NOT say the word LAWYER to them. They will shutdown faster than...…...

clifford j · 01-13-2020, 03:50 PM

I would agree with SPDracer, you contracted for a product in the condition at the time of signing the contract. Before the product was accepted, damage was incurred and your purchase no longer has the value you agreed to.
Sad part is you need legal representation to get release from your agreement.
However,If you feel the repaired unit still meets your acceptance , (including the items on your punch list) negotiate a new sell price . If they balk ,threaten them with litigation. Don't retain legal assistance till the dealer wants to stands fast with the original agreement.

CLIFFORD

creativepart · 01-13-2020, 03:54 PM

Here’s what I would say... even if they fix the damage I suggest you refuse any and all attempts of delivery. Notify the dealer, the finance company, the FLA Sec of State and any other entity involved that you reject this 5th Wheel due to the non-performance of the selling dealer. Post on their Yelp, Facebook, Twitter and Instagram pages.

dons2346 · 01-13-2020, 04:58 PM

If you signed paperwork, you bought it,you own it. A lawyer might get things moving a little faster. No way will the sale be null and void.

aether_one · 01-13-2020, 05:09 PM

Quote:

Originally Posted by dons2346

If you signed paperwork, you bought it,you own it. A lawyer might get things moving a little faster. No way will the sale be null and void.

Sure it will. This is a prime case for revocation of acceptance:

https://www.rvtravel.com/illinois-le...-game-changer/

Mr_D · 01-13-2020, 05:11 PM

Bank, finance company or Credit Union doesn't care whether there is damage or unrepaired problems. They have your signature on a contract. If you quit paying they can repossess the trailer, put it up for sale and take pennies on the dollar, then they can charge you all fees to sell it and add that to the contract, deduct the selling price and you owe the difference.

Jay D. · 01-13-2020, 06:41 PM

what ever you think contact a lawyer NOW and get your information straight from him. it may cost you and it may not, a lot of attorneys will see you free for the first visit. you present you case to him and he will tell you if you have a chance good or bad. a lot of times they will take the case and charge you a percentage of the settlement. no money out of pocket even if you lose. I had to do this and the lawyer and I came out money ahead. your not going to know if you don't talk to one. I sure wouldn't bank on some of the keyboard attorneys here. this is important, were not fixing a leaking black water valve.
Jay D.

momdoc · 01-13-2020, 07:08 PM

Yes contact a lawyer like yesterday.
You very well may be stuck with this unit if you signed the purchase agreement and $$ changed hands. A hard lesson to learn but never, never sign and pay before all issues are worked out. Even if you have to walk away from the deal.

We had a two day walk through and NOTHING was signed or paid for until ALL of the work was done and done to our satisfaction. It actually was 5 days before we drove off with the unit after "buying it". We also walked from a deal on a toad when things were not delivered as promised.

Good luck.