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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 54698
Experience:  Attorney with 29 years of experience.
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My husband and I were going to buy an RV through an RV broker

Customer Question

My husband and I were going to buy an RV through an RV broker in Michigan. We are in Washington state. Two sellers backed out and not getting the RV in the time allotted caused us a lot of problems as we were planning to live in the RV. We lost $1200 in plane tickets (we were going to fly to the RV and drive it back) and we sold our second vehicle to try and make this RV deal happen, taking a loss on the vehicle to get a quicker sale. We decided to cancel this plan and asked for our money (down payment) to be refunded. That was May 14th. We still don't have a refund and they are telling us that it could be as late as June 1st before they will release our funds and then it is another 5 - 6 days for that money to make it back into our account. We almost ended up homeless because this money was not refunded in a timely manner and now we are going to be in a very bad situation if this money doesn't get refunded to us before June 1st. Do we have any legal recourse?
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.
Hi! My name is ***** ***** I look forward to helping you!
Yes, you absolutely have recourse. What you want to do is raise the stakes on them. Send them a certified, return receipt requested letter or an email detailing the history and demand they refund all your money and reimburse you for all costs incurred due their delay within a short specified period of time or you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as bad faith, fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments being on the record.
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