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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney representing individuals and businesses.
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Regarding buyers remorse- How do I file and what would

Customer Question

Regarding buyers remorse- How do I file and what would constitute grounds for filing if the RV trailer was bought in Washington state and I am Idaho resident and it was delivered one or two days after purchase to Idaho and it was at that time that I discovered problems as listed here:
1: I told the salesman, the general manager and everyone in the room prior to purchase repeatedly the fact that I am hyper-sensitive to mold and they suggested only a new travel trailer could be free of mold. I told them I wanted a used one about 3 years old because I am also hyper sensitive to off gassing of chemicals from new appliances and building materials. They said no way they could promise no mold in that case. So I was persuaded to purchased a new one and it arrived yesterday the 16th mid afternoon. I got it leveled up and turned on the furnace and the exhaust fan for the stove so as to heat it up and off gas the trailer as much as possible while sleeping else where for the night.
In the morning although I was only in the trailer for one hour and slept elsewhere in a normal good sleeping situation I woke up with a sore throat and went to check the trailer and the off gas smell was still there just as strong. It made no difference. It is 19 degrees out and opening the windows in winter is not conducive to staying warm. Now I find out it takes 3 years or more for off gassing levels to drop down and some of the gasses released are formaldehyde and glues ect.
Thus I have buyers remorse and need to act very quickly if I have a case. Can you tell me if I can cancel the sale and get my money back with buyers remorse and if so how do I act as this may be the last day to do so. The paperwork started on the 14th but the actual purchase was completed on the 15th , today is the 17th and it was delivered on site on the 16th but the problems discussed here all realized by me on the morning of the 17th and they have been stalling me all day.
I told them the of gassing is too much for me and I want to cancel the sale and they said you can't just make a purchase and act like it didn't happen.
2: This same first morning after delivery the carbon monoxide alarm was going off even though I had the exhaust fan on all night. They said it went off because I ran the batteries below 12 vlts because I did not plug it in. I was never told the annoying sound of high pitched beep would sound every minute when the batteries are below 12vt and there was no way to shut that off which would make it hard to get rest if it happens in the middle of the night and you cannot do anything about it. I hit every button on the alarm and nothing would reset it. This is an annoying feature I could not know about until after I get it and started trying to use it because they never told me that would happen.
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

I am very sorry to learn about your situation.

Unfortunately, there is no basis to overturn your purchase simply because you have buyer's remorse.

There is a "3 day cooling off" period that applies to a very select few contracts (see: http://www.consumer.ftc.gov/articles/0176-buyers-remorse-when-ftcs-cooling-rule-may-help), but they do not apply to your situation.

The best I could offer you as a suggestion would be to open up all of the documents you have related to your purchase - lay them out and carefully read each clause. Check to see if there is any provision in the contract that allows you to cancel the sale. (Odds are that there is not, but without a careful review of the contract you will not know for certain).

Regarding the smells in the unit - it appears that while you told everyone there you were sensitive, they also advised you that there was nothing they could do to assure you of the character of the smells: a used unit carries a risk of mold, while a new unit carries the risk of chemical smells associated with construction. They did not conceal or defraud you of the character of the units.

Regarding the safety mechanism of the C02 alarm, there is no basis to revoke a sale because the item conforms to common safety standards.

You can always try to negotiate with them, they may be willing to accept back the unit in exchange for you paying a "restocking fee" that will cover the cost of delivery plus any depreciation (the value they will have to mark down the unit to resell it to a subsequent purchaser), but unless you are able to find something in your contract, they do not have any obligation to cancel the sale and return your money based on what you have posted here - you can always speak to a local attorney and discuss your matter in more detail (they can provide you with a formal legal opinion and specific advice - both of which are outside of the "general legal information" scope of this forum).