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FL Travels · 03-16-2016, 04:18 PM

I am the new owner of a 2016 Thor Chateau 28Z. We have owned used C's in the past but we insisted on buying new this time as my daughter has biotoxic illness (severe reaction to any molds) and multiple chemical sensitivities (strong reactions to fragrances, pesticides etc). Owning something new with a known history was very important to us. Before and during the purchase we let the folks at the dealership know about her medical conditions so that they wouldn't use any strong cleaning chemicals or fragrances, which they were very understanding about.
During our orientation walk-through after signing papers, we noticed a few carpenter ants crawling on the master bed. We immediately asked for them to move the mattress and remove the plywood just to be sure. Once lifted, it revealed a colony in the hundreds. They dispached a technician who emptied 3 cans of insecticide before they were all dead (all on video). We took a break from the orientation while it aired out and they assured us this had never happened before and the ants were harmless and not destructive and had all been killed. They wanted to bomb the bedroom just to be sure, which we obviously declined. We kept our daughter outside for the duration of the day.
We went on our first trip a couple days later to a local campground and immediately started seeing the same carpenter ants in other areas of the coach. So many that we couldn't sleep in it that night. I cleared everyone out the next day and used a small amount of spray in a gap in the kitchen slide where they seemed to be coming out of the wall. Within seconds the interior was crawling with ants, too many to keep up with squishing.. We had also noticed fine, granular foam that was falling onto the counters from above.
The dealer had us bring it back immediately. We informed them that we now had seen infestations in 2 different areas of the coach and they had a big problem as we simply couldn't allow them to douse the coach with pesticide. On top of that, carpenter ants nesting involves consuming wood or styrofoam (especially where there is moisture or mold present). We firmly requested twice via email that under the circumstances they should take the motohome back, which they deflected. After having the coach for a day the dealer's customer service rep emailed simply to say "the coach is being treated, cleaned and aired out" and will be returned to us.
I know legally we signed a contract for the motorhome, but what recourse or approach can I take with them? My daughter has already had two bad nosebleeds since the 2 day camping trip, which is a tell-tale exposure reaction for her, so I simply will not be using this coach.. Help..

Dynadave · 03-16-2016, 06:03 PM

Since the problem occurred while in their possession and not after you left their premises I believe they are legally responsible and liable. Given your daughter's condition which they knew about , they have a responsibility to make this right. I would not back down. They should either refund your money or put you in a different new motorhome. I would leave the motorhome at their dealership and tell them what you expect. Inform them that they can take the easy road and deal with you or deal with your attorney. The structural integrity of the coach has probably been compromised by the ants and it will cause problems for your daughter. Act fast, get action now, or get an attorney. It is their problem, don't let them push it off on you.

marcham · 03-16-2016, 06:15 PM

I'd lawyer up at this point, you're in for a big fight and may not have much ground to stand on if you deal with this by yourself. If the ants and damage were preexisting, then they did not provide the product described on your purchase offer. since the damage cannot be assessed unless destructive testing of the trailer's walls and floors is carried out, you need a new trailer and they'll avoid taking a full loss.

OlYeller · 03-17-2016, 09:56 AM

There is no such thing as a harmless and non destructive carpenter ant colony. Hindsight being 20/20 I wouldn't have accepted delivery of that RV. I wish you luck and success getting this resolved.

MRUSA14 · 03-17-2016, 10:04 AM

If ever anybody needed an attorney, you're the one. I would tell the dealer that you are giving them one last chance to replace the unit. If they do not accept in writing within 48, hours their next conversation will be with your attorney.

FL Travels · 03-17-2016, 03:51 PM

OlYeller, I am kicking myself over that hindsight as well..
Corporate rep today confirmed it will be bombed and returned to us. Expressed no concern about any potential impact on my daughter, stating that "all chemicals dissipate".
Offered to buy it back for $10k less (not including taxes of course) than what we paid for it just 6 days ago-final offer.
Time to lawyer up...

OlYeller · 03-17-2016, 04:14 PM

While your concern for your daughter is understandable, The real issue to hang your hat on is the damage that carpenter ants had done to your RV. Just getting rid of the bugs doesn't repair the unseen damage these destructive insects can do in a very short time. In my early retirement I did some Handyman work at a condo complex and I was amazed at the damage I found these ants can do in a very short time.

If they are holding out then I agree, lawyer time.

cwsqbm · 03-17-2016, 06:55 PM

Quote:

Originally Posted by FL Travels

Offered to buy it back for $10k less (not including taxes of course) than what we paid for it just 6 days ago-final offer.
Time to lawyer up...

That's an admission of that they know they have a weak case. The $10k less-final offer is just an attempt at bullying. Call back and say "Full price or I get a lawyer involved. Save us both the legal fees." If they say no, you're already planning on the lawyer anyways.

Hit_the_Rhod · 03-17-2016, 07:34 PM

What dealership are you working with? Might want to direct them to this thread and tell them that you have posted factual information as to what occurred and that members of the forum have asked you to identify the dealership . . . I just asked didn't I?

Without totally disassembling the coach and thoroughly inspecting everything for damage from destructive insect infestations, they cannot guarantee that there is no damage to the coach. I would not have it, you shouldn't have to get stuck with it.

Total up what you paid for the coach, including tax, license, etc, and tell them that is the figure you require now, or they can pay the same PLUS attorneys fees when it goes to court and is presented to a JURY!

marcham · 03-17-2016, 09:07 PM

I wouldn't post the business name, they could sue for defamation and a judge would find you at fault if there are statements published that are false.

Hit_the_Rhod · 03-18-2016, 05:10 PM

Quote:

Originally Posted by marcham

I wouldn't post the business name, they could sue for defamation and a judge would find you at fault if there are statements published that are false.

That is certainly correct, that's why you only post statements that are truthful, and backed up by paperwork, and/or video as the OP stated he had. The truth, backed up by evidence does not meet the standard of defamation or slander . . .

FL Travels · 03-18-2016, 06:45 PM

I am relunctant to "out" the dealer at this point in the process. Although I am rock-solid factual in my original statements, I am sure that any attorney I employ would advise me against using public forums to pressure this dealer. I will continue to be firm and press them to do the right thing and make them realize I am not going away. I am having daily communication with their customer service manager and despite the gamesmenship on their side, my stance hasn't wavered-concellation of contract/full refund of purchase price.

It is clearly not a warranty issue with Thor, as the infestation has all but been admitted to by the dealer as occurring here in Florida. But does anyone think Thor would put any pressure on the dealer on my behalf if they felt that this infestation tarnished their brand or lost me as a customer forever?

Dynadave · 03-18-2016, 08:47 PM

I would move past the service manager, you are wasting time. Find out who the top guy there is, preferably the owner of the business, and see if he can resolve this. Have you considered accepting a differant but same model Rv? This gives the dealer some profit to help offset the loss he will take on the defective unit they gave you. I don't think contacting Thor will help but it is a possibility. There is nothing to research, think about, wait for, or attempt to fix here ; they did not give you what you paid for. The problem was found during the PDI, it is their problem. They are hoping you will get frustrated, take the Rv and leave. Take it to the top, give them 24 hours to get back to you, if they don't do right by you get an attorney involved the next day.

FL Travels · 03-19-2016, 10:45 AM

Thanks Dynadave, yes I have moved past the local dealer and service dept. since the time I brought the motorhome back. I am now dealing exclusively with the customer service manager at their headquarters (national chain).
I have also recently emailed an accurate account of the situation to the CEO. No response to me, he simply forwarded my email back to the same customer service manager to take care of...

I like the idea of a replacement unit and I will propose that during my next conversation (or email..trying to have everything documented). Although the chnaces are remote, in the back of my mind I am wary of taking anything from their lot. When we returned the motorhome after our first short trip, the service manager said he believed the ants came from a stand of trees on the edge of the lot. He pointed over to the trees that still had a row of rv's parked underneath..really?
Thanks for all of the help and opinons so far gang..