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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33726
Experience:  Attorney with 15 years experience in various consumer protection areas
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I have purchased a new RV but I am not taking possession

Customer Question

I have purchased a new RV but I am not taking possession till tomorrow. I want to back out of the deal and the RV dealer tells me that I cannot get out of it. Is this true? I live in arizona
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Did you sign the written contract to purchase the RV?

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Did you put down any money on it?

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thanks

Barrister

Customer: replied 9 months ago.
I signed a contract and put money down but did not take possession
Customer: replied 9 months ago.
Do you have an answer
Expert:  Barrister replied 9 months ago.

I am sorry for the delay, had to be out of office for a bit..

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Unfortunately, the contract is legally binding as soon as you sign it. This is the case whether you have actually taken physical possession of the RV or not. Unless there is some type of "escape clause" in the purchase contract, then there is none implied by law.

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With that said, if title hasn't been transferred to you, then if you breached the contract and refused to continue on, the seller might be willing to just retain the deposit as liquidated damages rather than incurring the time and expense of filing suit against you in court for breach of contract.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister