New Purchase Travel Trailer Lemon Law?

[timetogo]

Sorry for your troubles. I won't be buying anything Dutchman builds.

[raineman]

Shame on the dealer and Dutchman. Please keep posting. Make sure to tell Dutchman that you are online on the forums telling everyone how you are being treated. Maybe that will be a swift kick in the pants enough to get them to give a crap! La Mesa is a lost cause already in my book. They seem to run a very shoddy operation across the US from what I have read over the years

[lynnmor]

Originally Posted by jeck

I will be contacting Florida's Attorney General, and or begin searching for a type of lawyer who would handle such a case like this.

Get-R-Done!!!!

[IC2]

I can't add more but just want to stay subscribed to find the outcome as we own a Thor/Keystone 5er though so far haven't had any significant problems.

Good luck on the .... situation, I guess is the best word.

[jeck]

Hello all, it's been awhile so I'd like to give an update on what has transpired though this whole ordeal to help guide others in the same situation in the future.

Through this whole thing I have been working with an attorney and they have been communicating with Dutchman on my behalf.


At this point now all I am looking for is the full purchase price of my trailer back from Dutchman. So moving forward that is my end goal.

My attorney sent a Letter of Defect notice Back in May and from what she told me any dealership has 60 days to make the repairs. If I wasn't to submit this letter I wouldn't have a leg to stand on she says. So that is lesson number 1 for those in the future.


June 9th 2016

La Mesa dealership made an attempt I'm assuming, as my communication with La Mesa stopped after I sent a very honest and scathing email to the service manager I've was dealing with over the past year, to do the repair at their facility here in Florida....but couldn't. So they asked Dutchman to take the trailer to the factory up north.

This is good in my favor as it shows the damage was so severe it is unrepairable at a dealership.




I received this email from Dutchman


Good Afternoon Mr. Eckert,

I am writing on behalf of your 2016 Aerolite and the soft floor issue. Keystone RV/ Dutchmen is at this time requested permission to have the unit brought back to our factory to ensure repair satisfaction is met.

Should you grant permission of the unit being returned, we can look into your out of service time to provide a warranty excluded offer in the form of:

1. Unit payments
OR
2. Warranty extension



Thank you,





I agreed to have the trailer shipped up to the factory. No out of pocket expense for me. This was back in June and I have not received any "unit payments" that would cover my monthly finance payment I have been making thought this entire time.


This was June, the earliest I was told my trailer could be seen was August 18th.





This was my attorney's response.


Mr. Cotner,

This e-mail is in response to your below June 9, 2016 e-mail to my client, Jordan Eckert, and regarding his 2016 Dutchmen Aerolite that is presently subject to repair under the manufacturer’s warranty.

Per Florida statute, last week my client provided Keystone RV with a Motor Vehicle Defect Notification. Provided your company has now received same, we agree to turn the RV over to your factory to conform the RV to warranty. Please advise what, if anything, my client needs to do to coordinate the return of the RV. As far as your offering of unit payments or a warranty extension in exchange for the out-of-service time, we will entertain any remedies you present, while explicitly reserving our right to pursue the remedies as outlined by Florida law.

Finally, please advise how we can expect to be kept apprised of the status of the repairs.

Sincerely,

Amy




So at this point as of August 13 2016, I have not had my trailer in my possession since February 24th 2016. It has been at La Mesa in Ft Myers FL, or now at the Dutchman factory since the end of June.



My trailer was able to be seen a week early and I received their offer for a replacement unit.

Here is Dutchman's response to me in this offer.


Good Morning Jordan,

Michelle Diaz and I finally connected this morning and she provided me the details of their offer. Keystone is offering to give you a brand new 2017 unit in place of the damaged 2016 unit. It is the same model, however the interior color is different. You are invited to go see the unit at the local dealership, La Mesa RV. The contact person there is Bob Barker. The only cost to you would be tax, title and license. The new unit would have the same 1 year warranty as the last one. If you wish to accept, the only other thing you would have to do is check with your bank and make sure they are okay with the collateral exchange –they should be okay with it, as their collateral is newer.

I am happy to discuss more over the phone if you have any questions. I should be in the office most of the day today.

Sincerely, Amy





At this point I am insulted that they would offer me a new unit and expect me to pay for all the additional fees of tax and title! It would only be a lose lose for me if I were to accept their offer.

I no longer wish to own anything Dutchman makes, hence why I want my money back.


I told my attorney I would think about it over the weekend and get back with her on what to do.



I have come up with a few options I'd like that would satisfy me.


1. Full refund of purchase price. I thought about adding up payments of all the month's I haven't had my trailer in my possession and asking for that on top of the purchase price. I have had my trailer in my possession 4 of the last 11 months. My monthly payment is $480 for the trailer. Not to mention insurance premium. BUT....I think this would cost more attorney fees as I'm assuming Dutchman would fight not to give me back my purchase price.


2. Ask for a better/larger model (Model #326BHSL) where I could sell it right away after receiving it and would hopefully offset some costs and hassle dealing with all of this. If I somehow can't sell it, it would still allow me the equity in knowing I have some additional value for my time and inconvenience.

3. Accept the replacement unit. It would be a 2017 with a one year warranty where I would pay NO tax or any other fees. I am still out all my monthly payments where I didn't have my trailer in my possession. I would just have to eat this to make this all stop.


Any thoughts or opinions what I should do?

[OLYLEN]

You might check with motor V where you are. In Washington we pay tax on the difference in price, so full $ = $ trade. Then push for at least the finance fees.

LEN

[Ted E]

Sorry you had to go through all this, but sounds like you are almost there.
I would add up all the finance payments and Lawyers fees, then have your Lawyer send them this info stating that your monetary loss exceeds taxes licensing etc therefore it must be waived. Get your brand new trailer.
Enjoy what's left of the Season.
Good luck,
Ted

[road dogs]

Sorry for all your troubles. Dutchman used to be a good name but something has happened to their quality standards. Just curious, have you contacted the finance company to see if they can add some pressure to resolve this? They might have some clout since they're depending on your timely payment for something you can't use.

[jeck]

Originally Posted by OLYLEN

You might check with motor V where you are. In Washington we pay tax on the difference in price, so full $ = $ trade. Then push for at least the finance fees.

LEN

Originally Posted by road dogs

Sorry for all your troubles. Dutchman used to be a good name but something has happened to their quality standards. Just curious, have you contacted the finance company to see if they can add some pressure to resolve this? They might have some clout since they're depending on your timely payment for something you can't use.

I hand't thought of that angle. Thanks


I have thought of contacting the creditor. What clout would they have? I guess I could tell them I haven't had the trailer for 5 months, so I'm just stopping payment? My only worry is hurting my great credit score.

[timjet]

I too am sorry for all the hoops you've had to jump through. You have an offer from Dutchman and are not sure which direction to go. Perhaps your lawyer can be of some help.

[TQ60]

If out of your control and at the dealer or factory seek help from insurance company as you could have reduced or modified your coverage.

Warranty clock is moot as it stopped as soon as yiu complained so offering new with new warranty is no bonus.

Only way a bonus would apply here is for manufacturer to try to prove their new unit is good and the bad one wss just an accident would be to both offer a new replacement as a direct swap and they would require yiu to pay fees but pay you back and also include at no cost to you either factory coverage or service plan with exact same process ( read no deductible or service charges) as factory warranty but available at most places where rv policies are serviced for a minimum of 5 years.

And make it transferable and renewable so you San sell it or keep it.

Also note that offering one on a lot is just a way to help a dealer move something they cannot sell.

The factory should custom build one for yiu and allow both an on site inspection at your cost to travel and allow you to add any options at your cost.

And be able to cash out if at the inspection you observe stupid build quality that cannot be resolved.

[Gary RVRoamer]

I'd take the new one and move on. The one year newer rig gives you a little extra value (one year less depreciation at r-sale time) and the tag/title transfer is peanuts, even though it's not your fault that they have to be paid. Maybe LeMesa will pick them up for "good will".

The manufacturer is under no obligation whatsoever to refund money under the warranty, so you could lose big insisting on that. More lost time and legal fees, with only modest chance of getting the refund (just my opinion, of course).

Since you bought in Florida, I'm guessing your attorney is citing Florida Lemon Law? I don't think you will get much help there if Dutchman/Keystone/Thor digs in their heels. It's not a motor vehicle and the problems are not chassis related, so technically not covered by FL law. But your attorney is [hopefully] the expert, not me... Discuss the odds of prevailing with her.

[1bigmess]

Tell Dutchman that you'll take their deal if they pay/reimburse the extra costs. You paid taxes, title, plate, registration, etc. once, and you don't want to pay them again.

Driving to the factory to pick it up would be on you if you decide that route, so picking it up at a local dealer would be OK, as long as you inspect it before signing the delivery form. Maybe an independent RV tech doing the inspection, as there may be a few hundred in your part of FLA that could do the job, but it will likely be your dime for that, too.

Of course, Dutchman probably has a legal department that knows as much about this as your attorney does, so it's important to know what they are legally required to do for you, and what is outside of those requirements.

[mojoracing]

Pay the tax title license and move on. The year newer unit more than makes up for it. Consider yourself lucky, you got much further than most would ever hope to.