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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32936
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I live in Alabama. I bought a travel trailer (RV) new from

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I live in Alabama. I bought a travel trailer (RV) new from a dealer in Georgia. All the online and brochure specifications state the the unit has a full size 60x80 queen bed. The dealers salesperson was asked specifically and said that yes it is a full size queen bed. It was in fact 60x74 and therefore not a full size. We discovered this on our first trip 28 days after we purchased the unit.
A full size bed will not fit in the bed space as manufactured. I will not fit on the bed as supplied.
We have contacted the manufacturer and they are willing to provide us a full size queen bed and bedspread, they are willing to offer the guidance and engineering assistance to modify the bedroom so that the bed will fit. They are willing to provide materials and engineering drawings/assistance but we would be required to do the work ourselves and their engineers will only answer our specific questions, they will not actually redesign the space. They will not pay for an authorized dealer to do the repairs.
We are willing to work with them but do not think we should have to make the repairs.
As the size of the bed was misrepresented, can we sue for a comparable replacement of the unit so that we can have a functional RV? Would I need a Lawyer in the state of purchase or just my state? I tried to work with them and they have obviously taken some responsibility but now we seem to be in disagreement. Do we have a case?
Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Your questions, which I will answer one at a time were:

can we sue for a comparable replacement of the unit so that we can have a functional RV?

If by "replacement of the unit" you mean replacement of the RV then no, you can't sue for that. You could sue for your money back (aka rescission of the contract) or for the costs involved in adapting the existing bed to the size you thought you were buying. You cannot sue to "exchange' this RV for another one.

Would I need a Lawyer in the state of purchase or just my state?

You would have to sue in the state where you made the purchase so based on your facts you would want to hire a lawyer in Georgia.

Do we have a case?

Based solely on the facts you have given, yes, you would have a case. You purchased the RV based on it having certain features when, instead, it had something less. Therefore there is either a breach of contract or a "mistake of fact" both of which allow you to either get your money back or sue for the cost of correction.

You may also have a lawsuit against the manufacturer if they are the ones who advertised a certain size bed when it was in reality a different size.
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