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xavierjd
xavierjd, Attorney
Category: Legal
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Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
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I just entered into a "contract" to purchase an RV/travel trailer.

Customer Question

I just entered into a "contract" to purchase an RV/travel trailer. In discussing my needs for a trailer, I had advised the sales person that I need a "trailer no longer than 23 feet." I was shown several trailers that, according to the sales person, were 23 feet long. I had spotted a trailer on the sales floor that I liked. The sales person had told me that it was 23 feet long. The 23 feet length is important because some of the campgrounds I frequent have maximum lenght requirement plus I am a fairly new RV/travel trailer driver/puller, so I had expressed concerns about pulling something more than 23 feet.

After discussing my needs, concerns, pricing, downpayment, trade-in values (I am to trade-in my current smaller trailer), insurance, etc., I signed a sales "contract" subject to: (1) receipt of my downpayment by the dealership, (2) satisfactory walk-through of my trade-in trailer, and (3) taking possession of the new trailer. I have yet to provide my downpayment, do a walk-through, and or take possesion of the new trailer.

Unfortunately, in doing some additional research on the new trailer (before I am to take possession of it), the manufacturer's website states that the length of the trailer model I had "purchased" was 27 feet (for that matter so does the dealership's website for the subject model trailer). The misunderstanding was, during the whole sales process, the sales person was talking actual "box cart" length of the trailer which is roughly 23 feet and I was referring to the maximum total length which was 27 feet - 4 feet longer than the maximum 23 feet I was looking for. At no time during my discussion/sales process with the sales person was "box length vs. total/exterior length" ever discussed. During this whole time, I was under the impression that we were talking total length.

The issue is whether I am obligated to follow through on the sales "contract" if the sales persson and I were not on the same page (no 'meeting of the minds') on the size, type of trailer?

This is in California.
Submitted: 1 year ago.
Category: Legal
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com It will be my pleasure to assist you today.

When did you enter into this "contract?"

Thanks
Customer: replied 1 year ago.

On 3/8/2013, this past Friday.

Expert:  xavierjd replied 1 year ago.
Hi,

The answer to your question is "yes." You should be able to back out of the alleged contract. The contract that you signed was "subject to" (1) receipt of your down payment by the dealership, (2) satisfactory walk-through of your trade-in trailer, and (3) taking possession of the new trailer. You have yet to provide your down payment, do a walk-through, and or take possession of the new trailer.

The alleged contract that you signed was based on the three "continginces" outlined above. Those contingencies cannot be met because you are not going to give the dealership a down payment, there is not going to be a walk-through of your trade-in trailer and you are not going to take possession of the new trailer. Because the contract has "contingencies" you should be able to back out. In California, there is NO "cooling off period" for the sale of an RV.

Stand firm. The dealership may try to tell you that you cannot back out of the contract. Be nice, but tell the salesperson that the contingencies in the alleged contract cannot be met. It is in the best interest of the dealership to let you out of the
alleged contract. Having bad customer relations is NOT in the dealership's best interest.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD
xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience: 20+ yrs in criminal, landlord/tenant, family, & small claims
xavierjd and 14 other Legal Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

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