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MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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We purchased a 2012 Montana 5th wheel and put 10k down. We

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We purchased a 2012 Montana 5th wheel and put 10k down. We had to leave the unit for them to do a dealer "prep". When we went to pick up 2 weeks later (1-1/2 hour drive) The unit had a hydraulic leak and parts were ordered for us to come back & have it fixed.
The unit was on the dealer floor (not known to us) for over 6 months while kids, people, sat in, opened doors, pushed buttons, moved chairs...etc so much so that the sliding door doesn't work, the shower door doesn't work, the electrical wiring was not working to the blinkers, fresh water hookup nossle mangled, elec. water element burned up, bedroom window has a water leak, dvd player was cleaned using an abrasive pad. the curtain hardware was wrecked by moving chairs around.....on & on & on.
My question! Can I sue this dealer for misrepresenting to us that this was a "new" coach? Instead of being used for a floor model for 6 mo. and not selling it to us "AS IS" We feel deceived, taken advantage of, and all we wanted was a NEW Montana 3150 RL.
Please respond asap as I need to seek legal advice soon. We took possession 2 weeks ago.
Thank You
Thank you for the post, I am happy to assist you by answering your questions. Technically the actual road use determines whether it is considered new or not, showroom use does not make the 5th wheel used, it is however a showroom model and this should be factored into the price. If not, but the buyer failed to negotiate this, it is regrettably too late to do so now. Though the dealer does have to comply with the terms of any applicable warranty. Please let me know if you need additional guidance.
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