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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My husband & I went looking to buy a SMALL CLASS B RV. because

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My husband & I went looking to buy a SMALL CLASS B RV. because it is compact and easy to drive.
We ended up @ an RV Dealer that did not have one. They showed us 3 Class C and one they called a B+. It was the same size as a Class C. To make a long story short. The final total with a 3yr Warranty +tire warranty + something else was close to $50,000. A few times while there I tried to tell my husband we could not afford it and it was TOO big for us, at that point he would start crying and say it was too late. We could not even step up into the cab at all, when I told the man we could not get something we could not get in and out of. He decided he would have them add a small step which he did. In the very beginning we told the salesperson that we could not afford to get one that only got 5 - 10 MPG. She said it gets the same as all trucks, 15 MPG. After all the papers were signed and I asked again, we were told it got 5 -8 MPG............WELL we were sick at that point but thought it was too late. We even spend the night on there space and had some additional questions no one had explained.
As we started home with it we got half way home and wanted to take it back but at that time the Dealer was closed. I called the Dealer the following a.m. and talked to the man that had us sign all the papers and explained that we had made a mistake and we wanted to bring it back. He said he did not have the right to o.k. that, he would have the manager call me. After 2 calls he never returned my calls. So the next a.m. we started driving to return it. when we got half way, the manager finally called and said we could not do that, and if we did he would call and have the RV towed and we would have to pay the towing fees and storage fees.
MY husband and I are both physically sick. My husband is 85yrs old and I am 72. The monthly payment is $348.00 a mo for 15 yrs. We will not be able to do this...My husband is physically almost not able to walk..
I want to say that no one held our hand and made us sign the papers. My question to you is: is there any way we can get out from under this ? Any help will be appreciated.
Thank you for your question, Dottie. Please permit me to assist you this afteroon.

In what state did you purchase this RV? Did you purchase it used or new How long ago did you make the sale?
Customer: replied 3 years ago.

Texas. Used 2007. June 5,2013

Thank you for your follow-up, Dottie. Please allow me to break down your issue step-by-step to ensure that I do not miss anything.

In terms of returning the purchased vehicle, what governs here is the contract. If a contract does not state that you ca change your mind and return the vehicle, then the sale is deemed to be final and binding. Texas does not have a statutory period of time when parties can choose to change their mind and cancel the contract, especially for used vehicles. As a consequence the dealer is under no legal duty or obligation to allow you to return the vehicle or to get your money back--once you signed the documentation and took the vehicle, it became yours.

That, I realize, is not the most welcome news in the world, especially since you stated that nobody compelled or coerced you to sign. The only potential chance here is to review the paperwork and the RV itself--if it has any sort of defects that were not disclosed or had concerns that were not addressed, then you could potentially try to claim that the other dealer misrepresented the vehicle which would give you the right to demand that they reverse the transaction. This is not a likely option, I must be forthright, but it is possible if the vehicle is missing amenities or not running, or that the vehicle is not performing as promised. The mileage issue is unfortunately a non-issue because before you signed you were disclosed the real mileage use, but you could still calculate how much it uses up to see if you were misled as to the actual indicators.

I am sorry.

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