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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 26183
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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We purchased a used motorhome earlier this year (Feb 2013)

Resolved Question:

We purchased a used motorhome earlier this year (Feb 2013) from a local RV dealership. Due to my severe knee arthritis, the motorhome was not driven until a few weeks ago, when we took it back to the RV dealership where we bought it because we found one of the top vents in the ceiling was leaking when it rained. We left the motorhome with them, and when we came back to pick it up, we asked them to go through it with us, showing us how everything worked, because it had been so long since we'd bought it from them. The generator would turn over, and I mentioned to them that the dials on dashboard panel were not showing movement (i.e. the gas gage, temperature gate & the odometer), but I figured that it was because we hadn't driven it, and it wasn't running long enough to get the engine warmed up, plus the gas gage wasn't showing anything but "full". Again, I thought this was because we hadn't used it to make a difference. It turns out that we were told by the RV dealership that they had to order a replacement panel cluster which would fix this problem with the dials on the dashboard, so the dials would be working properly. When we bought the motorhome, we were told we had a full tank of gas, and now we can't verify this because the dials were not working when we bought this motorhome. My husband has been after me to check on this with an attorney, his reasoning is that he believes that the RV dealership has hidden these items from us, and that it wasn't in working condition when we purchased it. All of this can be verified with the repair records at the RV dealership. Can you tell me if any laws have been broken? As a side note, we purchased an extra "bumper to bumper" policy on top of the RV purchase at a cost of $2500 for a 5 yr policy, and we were told by the sales lady when signing the paperwork that it was all covered, bumper to bumper. Throughout our recent repairs with the dealership, we have had to come up with close to $1,000 from our own pockets, which to me, is not "bumper to bumper" coverage. I'm beginning to wonder if we've been taken to the cleaners by them?


Thanks for your time,

Laurie L Strong
XXX-XXX-XXXX home
Submitted: 7 months ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 7 months ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Nothing in your facts indicates any laws have been broken. Used RVs, just like any used vehicles, are sold "as is" unless there is a specific written warranty given with them.

Dwayne B. :

As to the extended policy I can't comment on that without reading the complete warranty aas well as all the documents you signed, which we can't do on here.

Dwayne B. :

The real problem you have is that what they told you probably won't be considered by the court unless there is something in the document itself that is unclear.

Dwayne B. :

The courts only look to the "four corners" of the document to determine what is covered and unless there is a term that is vague they won't accept any evidence as to what you were told.

Customer:

so they can sell me a vehicle that doesn't show an accurate fuel level, temperature level and if the mileage is accurate? that sure seems to me that they can be dishonest without any recourse on our part.

Dwayne B. :

That is correct. They can't intentionally hide something from you, such as rolling back the odometer to show an incorrect mileage, but it is up to the buyer to be sure that everything is working properly before they make a purchase of a used vehicle.

Customer:

what happened to consumer protection against this type of activities? Weren't they required to tell me what is possibly wrong with this vehicle, I know they must have had an idea, if they went through the vehicle when it was traded in from the previous owner, or do they not care?

Customer:

I now see the burden is on me, the consumer, who has no background knowledge. Seems pretty once sided to me

Customer:

I still believe they were wrong to sell me something that had so many inoperable items on it without any acknowledgement on their part

Dwayne B. :

It is extremely one sided. Buying used vehicles is absolutely a "buyer beware" situation.

Customer:

This is just not right. You said that it was up to us to determine if anything was wrong with this RV before we purchased it. How are we suppose to do that when we can't take it home or use it before we pay for it?

Dwayne B. :

All the law says is that they can't intentionally hide anything or commit fraud.

Dwayne B. :

Have a mechanic come by the dealership and look at it.

Dwayne B. :

If you would like I can find yo a few references that back up what I am saying but I am 100% sure i'm right.

Customer:

Well, would be your opinion that they "may" have known that the cluster panel was not working when they sold it to us?

Dwayne B. :

I can't say. I've never known RV dealerships to do anything more than give a vehicle a drive and a quick look when they take it as a trade in.

Customer:

I know what you are saying is right, and I understand the situation, but it doesn't seem right to me. I know the law is in their favor, and the burden of proof is on me, now I know

Dwayne B. :

The laws are absolutely ridiculous in this area.

Customer:

I won't be taken again but that doesn't mean I can't let them know what I suspect happened when we made the purchase from them. An unhappy customer is not something that any business now a days wants because it's costly to them

Dwayne B. :

That is true. The internet has helped with that a lot.

Customer:

Aren't dealerships required to make sure the vehicle is safe to be driven on the highways? Without the speedometer working, or the temperature gauge working, or the gas gauge working, isn't that considered unsafe?

Dwayne B. :

No, there is no requirement that they make sure those items are working. Another big issue you are going to have, just to warn you ahead of time, is that they will say they were working at the time they had the vehicle (even though you and I know they weren't).

Customer:

I see where this is going.

Customer:

Thank you for your time with my issue.

Dwayne B. :

You're very welcome.


 


I am truly sorry to give you what I am sure is bad news, but please understand that it would be unfair to you (and very unprofessional of me) to provide you with anything less than an completely honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer. Please remember to rate me based upon whether I answered your question, and not upon whether the answer was good news or bad news since I have no control over whether the law is in your favor or not.

Customer:

one quick word of advice Dwayne, don't buy a used RV from Findlay RV in Las Vegas. I have no complain on your advice at all, but I don't understand why they can't be held responsible for selling us an RV with so much wrong with it. I'm pleased with your answers, and I understand about the law not being in our favor. No biggie, it was a very expensive lesson on our part, and what will probably happen now is we use it until we don't trust it anymore, then trade it in on a "new" RV. Best wishes to you

Dwayne B. :

Best wishes to you as well. If they don't make you happy you can go to websites like yelp.com and ripoffreport.com and let others know of your experiences.

Dwayne B. :

I'll exit now to assist others.

Customer:

I was just getting ready to ask you about that. Thank you Dwayne!

Dwayne B. :

You're very welcome!

Dwayne B. :

Bye!.

Dwayne B. :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Customer:

you got it Dwayne. Thank you

Dwayne B., Lawyer
Satisfied Customers: 26183
Experience: Practicing for over 20 years and handled many cases and trials for consumers.
Dwayne B. and 4 other Consumer Protection Law Specialists are ready to help you
Expert:  Dwayne B. replied 7 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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