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Concerning purchased of 5th wheel house trailer from dealer.

Concerning purchased of 5th...

Concerning purchased of 5th wheel house trailer from dealer. Trailer is paid for but not ready for delivery. Delay of 6 weeks to prepare trailer after assurance it would be ready in one week. Promised for next week. If still not ready, what options? Return of purchase price plus expenses?

Lawyer's Assistant: What state is this in? And how old is the mobile home?

It is a new 2017 model

Lawyer's Assistant: Have you contacted the manufacturer?

No. Dealing with RV retailer. Manufacturer not involved at this point. Deficiencies showed up in trailer after purchase and prior to delivery. Dealer had to order parts to correct deficiencies and thus delay for delivery. We have incurred some expenses and would like to be able to recover these. They are not major.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just want to know what our rights are in this situation before we take final delivery of trailer. Also, would this be covered under consumer law or motor vehicles?

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Answered in 7 minutes by:
11/17/2017
DMWEsq
Category: Canada Law
Satisfied Customers: 12,422
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Thanks so much for your patience. I'm sorry to hear that you are having to go through all of this.

This appears to be a breach of contract based on the failure to perform within a reasonable time . because it has taken six weeks for them to prepare the trailer which is probably much longer than it would take a reasonable dealer to do the same thing. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim and you may be able to have the contract rescinded or you may be entitled to the costs that you've incurred since they breached the agreement. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state started.

What other questions did you have for me?

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Customer reply replied 7 months ago
I'm sorry, It seems you are an attorney in the United States. I searched for consumer law in British Columbia, Canada and this site came up. I think there may be some subtle differences in consumer law. In particular, this may be considered a motor vehicle and therefore subject to a different section of law. Thank you for your help anyway.

Goodness, I'm sorry about that. It seems like you were miscategorized. It happens often. Let me opt out and alert our moderators so someone from BC can help.

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Customer reply replied 7 months ago
Thank you.
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,127
Experience: Lawyer
Verified

I am a lawyer in Canada and happy to step in.

What were you expenses for?

Have you asked if they will agree to the cancellation?

Are you saying the promised you would get the trailer a week after you paid for it?

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Customer reply replied 7 months ago
We paid for trailer and ownership transferred to us. There were some minor deficiencies that we were assured would be corrected within week and trailer would be prepared for us to take delivery. When we arrived to pick up the trailer the deficiencies noted were not corrected and there are a number of other deficiencies that showed up when dealer was preparing trailer. This all required ordering parts from the manufactured and these parts are scheduled for delivery week of 20 Nov. At purchase we paid for extended warrantee and licences and insured trailer based on assurance it would be ready for delivery in one week. Now 6 weeks later it may be ready. I would like to have warrantee reset to start at delivery, not transfer of ownership or failing that be reimbursed for cost of warrantee time not realized. Scheduled to pick up trailer next week, hopefully, and should like to know our rights. We have delayed our departure to Southern California by two weeks.

I am sorry to hear this.

They should most assuredly adjust the warranty start date and end date as it is not logical to think you should lose out on 6 weeks of a warranty because of their errors.

Your right is to get what you were paying for when they said you would get it. If you wanted to fight to cancel the contract and get a full refund you would likely succeed in court but as you want the trailer so you can start your trip and likely don't want to have to wait months to fight in court etc your best bet is to take the trailer and enjoy your trip and if they don't agree about extending the warranty then you can send a demand letter after taking possession and sue if necessary when you come home.

Does that make sense?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Debra
Debra, Lawyer
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Customer reply replied 7 months ago
Thank you for your help. We are still hoping to resolve this issue with the RV dealership. We just need to know what our rights are. Hopefully all is good with trailer next week and they can re-set start of warrantee. We have already requested this but have not gotten a commitment yet. Will let you know how it goes.

OK

I definitely want to hear what happens.

Enjoy your weekend!

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Customer reply replied 7 months ago
Can you suggest wording for a demand letter?

Sure.

Set out the facts, then state that you want what you paid for and as such require them to extend the warranty. Give them a deadline to provide you with written confirmation that this will be done. Then tell them if they fail to comply you will have no choice but to proceed to court to seek a court order.

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Customer reply replied 7 months ago
Thank you.

You are very welcome.

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