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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 7451
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Recently bought an RV at a car dealership. later on noticed

Customer Question

recently bought an RV at a car dealership. later on noticed that a cabinet is falling. The cabinet could fall on someone's head.
Also the gas was not properly inspected because of the reason that I got it at a car dealership and not a licensed rv dealer.
I went to an RV place to have an estimate to fix the cabinet and they gave me a big number for an estimate. At the moment the RV is at the dealer and I want them to pay for all the estimate.
Submitted: 3 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 3 months ago.

I am sorry to hear this; can you tell me if this was as is or under warranty?

Customer: replied 3 months ago.
as is
Expert:  LegalGems replied 3 months ago.

Please see page 3 and 4 of the attached:

http://www.flhsmv.gov/safetytips/PDFs/BuyingVehicle.pdf

Basically for an as is deal, the buyer assumes all responsibility re: the condition of the item,as there are no warranties that attach; so the judge would likely deny a claim for breach of warranty.

Additionally, even if there were warranties, the court will expect the consumer to allow the seller to make reasonable efforts towards rectifying the issue- and that typically includes at least 2 attempts to fix it; at which point the buyer can then seek a third party repair and request reimbursement.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 3 months ago.
I took the vehicle to get a professional estimate to an RV place. Is there any way that I can deny the car dealer to work on my vehicle and that I need the RV to be fixed where I choose?
Customer: replied 3 months ago.
what are the odds of the dealer giving me back the money?
Expert:  LegalGems replied 3 months ago.

One can attempt to negotiate with the dealer, but since it is As Is, the dealer likely knows that any offer is at his discretion as most judges will not allow reimbursement for an as is sale unfortunately. Some will do it for "good will" so it is worthwhile to ask.

Customer: replied 3 months ago.
what about the car dealer not having the license to sell RV's? I ask because the gas could have been leaking which was not properly inspected
Expert:  LegalGems replied 3 months ago.

If they don't have a license to sell an RV, then they are subject to the following and the contract can actually be voided (canceled) as illegal:

Any person violating these licensing requirements is guilty of a second-degree misdemeanor, punishable by up to six months in jail and/or fine of $500. Such person will also be liable under civil law for violation of Florida’s Deceptive and Unfair Trade Practices Act, subject to fines of up to $5000 per violation, and may face a permanent injunction issued by a circuit court.

Expert:  LegalGems replied 3 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!