Consumer Protection Law

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I live in California. In October I went to a motorhome dealer

Customer Question
and chose a A...
I live in California. In October I went to a motorhome dealer and chose a A 2013 E. motorhome. It was used but in very good condition. Before taking possession of it I received a phone call from the dealer who asked me to do them a favor. He said that because I qualified for a new one and another family who was there at their desk did not. He wanted me to release the 2013 so these other people could purchase it in exchange for which he said they would give me a 2015 which is two years newer and identical to the one I chose. He said they would also throw in a two year warranty and that I would not be able to tell the two coaches part. He said the only difference between the 2013 in the 2015 was the Vin number and the miles on the odometer. Several weeks later when they finally got it to your dealership I went to go see it and it was not the same coach. It was similar but had different tile different placement of televisions it was a different color and did not have the same large sliding windows which slide open 50% of the way to give you a very large view. The one they were giving me has pop open windows that only open about 2 inches. When I told them I was not happy they had me look at some other coaches on their lot but none of them were what I wanted. I ended up taking possession of this one because it was part of My refi on my home. I have later found out that not only was the coach different they sold it to me with all the paperwork of a 2015 and I find out now that it is actually a 2014. This has been verified by DMV and my insurance people and DMV has given me a 2014 registration and has issued me a new pink slip showing that is a 2014. Please advise me what my rights are as I understand this is a fraud case I've also been told that I can get up to three times the amount of the vehicle if I take him to court. I would rather not take him to court but just force them to give me the coach that I want which is approximately the same price as the one I purchased anyway.
Submitted: 1 year ago.Category: Consumer Protection Law
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4/7/2016
Consumer Protection Lawyer: Dwayne B., Lawyer replied 1 year ago
Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34,305
Experience: Practicing for over 20 years and handled many cases and trials for consumers.
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I need you to be more specific in your question(s) if you could. When we answer general ones like "what are my rights" or "what are my options" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.
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Customer reply replied 1 year ago
Dear Mr. B. Thank you for your response. My specific questions are. Because all of their paperwork was getting up as a 2015 and I paid the price for a 2015 but they actually switched it to a 2014 vehicle. My understanding is that I can sue them for up to three times the amount Price of the vehicle. Is that true? Also I was told that if I get DMV investigator's involved they will completely go through all of the paperwork and all of the coaches located at this dealership. I am told that dealerships hate it when that happens it will do almost anything to avoid it. Hopefully that will prompt them to give me the coach that I want . Being as this is not just a civil case but also a legal case can you please be more specific as to what my options are. Thank you sincerely Julie
Consumer Protection Lawyer: Dwayne B., Lawyer replied 1 year ago
Yes, there are a variety of laws that allow you to sue for treble damages in the event of fraud like this.Yes, you can also report them to the state licensing agency for dealers and they can perform an audit which is inconvenient for them and is a hassle.There's not really a crime here that the police are going to pursue so there's really only one option for you and that is a civil suit. You can sue and represent yourself in small claims court but there is a limit of $10,000. If you want to sue for more than that then you have to sue in the regular Superior Court and you would almost certainly want a lawyer to assist. You can sue for your attorney's fees as well as whatever other damages that you have.If you report them to the DMV it doesn't actually do anything for you. It can cause problems for them but it doesn't actually help you.
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Customer reply replied 1 year ago
When will you get back to me?
Consumer Protection Lawyer: Dwayne B., Lawyer replied 1 year ago
I responded a few minutes after your post. I will repost that answer in case you can't see it for some reason: Yes, there are a variety of laws that allow you to sue for treble damages in the event of fraud like this.Yes, you can also report them to the state licensing agency for dealers and they can perform an audit which is inconvenient for them and is a hassle.There's not really a crime here that the police are going to pursue so there's really only one option for you and that is a civil suit. You can sue and represent yourself in small claims court but there is a limit of $10,000. If you want to sue for more than that then you have to sue in the regular Superior Court and you would almost certainly want a lawyer to assist. You can sue for your attorney's fees as well as whatever other damages that you have.If you report them to the DMV it doesn't actually do anything for you. It can cause problems for them but it doesn't actually help you.
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Customer reply replied 1 year ago
Ok, thank you for your response.
What type of lawyer handles that? How do I find a lawyer who specializes in that type of case?
If I tell them I am (either) already in touch with investigators or will notify DMV investigators do you think they are more likely to co-operate and give me what I'm asking for. ( FYI... I am a retired police officer and do have a friend who is a DMV investigator and is sending me all the paperwork to submit to the proper DMV investigations office for that area.
Consumer Protection Lawyer: Dwayne B., Lawyer replied 1 year ago
Your best option would be a lawyer that does Consumer Law with one that does Civil Litigation running a close second. You can find a lawyer at www.lawyers.com. That website allows you to search by location as well as area of practice. As to your question on getting in touch with them, you're better off letting a lawyer handle it from this point on. It has been my experience that if a customer tries to negotiate and it fails then the chances of a lawyer being able to get a favorable result before filing a lawsuit is greatly reduced from when the customer lets the lawyer handle it early.
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Customer reply replied 1 year ago
It should be noted that a couple of days ago I spoke with the general manager in person. He seems willing to trade the RV for the one I want. However he has not yet mentioned if he is going to try and charge me extra money for that RV. I found the one I want which is a certain type of model in a 2016 for the same price that I paid for my 2014 in the other model. They're both the same size and I am trying to trade straight across. If he doesn't want to play nice that I will take him to court. His top sales associate told me that he would charge me an extra $30,000 for the other model even if you can find it in a 2015. But like I said I found the same one in A 2016 for the same price I paid for mine so I think they have lots of wiggle room. Do you think I should still communicate with the general manager and see if you can help me before taking it a step further?
Consumer Protection Lawyer: Dwayne B., Lawyer replied 1 year ago
You can certainly negotiate with them but I wouldn't mention suing or threaten them in any way.
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Customer reply replied 1 year ago
Are you saying not to mention it ever? Just wait and if they don't cooperate and make things right by me then just have an attorney called and we're actually going forward with a suit against them?
Consumer Protection Lawyer: Dwayne B., Lawyer replied 1 year ago
No, just don't mention litigation to them yourself. Leave that for the attorney to do. You'll increase your chances if the first time they get threatened it is by the attorney.
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Customer reply replied 1 year ago
Okay, thank you for your response Mr. "B"
I'll keep things open with the GM and see how it goes. Do you think I should speak with a lawyer who specializes in consumer law before I talk to the GM again so I'm more educated on where I stand and the best way to handle it? Also, typically do "those" type of lawyers take cases like this on contingency ?
Consumer Protection Lawyer: Dwayne B., Lawyer replied 1 year ago
Yes, you definitely want to have your lawyer lined up. They may even ask you to do or say certain things. Some lawyers take these cases on a % basis and some don't. You have a pretty straightforward case so I would think you have a good chance of finding someone who will.
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Customer reply replied 1 year ago
Ok. I'll get back to you in a couple of days. For now thank you for your advice
Consumer Protection Lawyer: Dwayne B., Lawyer replied 1 year ago
Best wishes to you and please don't forget to leave a Positive Rating so I receive credit for my work. Even after you issue the rating you can come back for follow ups if you have them. Issuing the rating just ensures that 1) I receive credit and 2) the question doesn't time out and close.
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Dwayne B.
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Category: Consumer Protection Law
Satisfied Customers: 34,305
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Experience: Practicing for over 20 years and handled many cases and trials for consumers.

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