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I have a situation where I special ordered a non-motorized…

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I have a situation...

I have a situation where I special ordered a non-motorized RV from a dealership in Washington State. When the RV arrived at the dealership (2 mos. later) I was called and informed that we could come down and pick it up. I was required to sign the loan papers at the bank prior to seeing the RV. When I arrived, the owner informed me that the manufacturer did not put in the special ordered furniture I requested. She assured me that they would get it in as soon as possible and that there was some "shortage of RV furniture" and the manufacturer just sent it anyway. I was given her assurance that it would be fine and I was told to sign all the purchase agreement forms. we were then given a 3 hour walk through of all the systems of the RV. We noticed that the self leveling system was not functioning properly and there was a missing latch on one of the exterior doors. The technician assured me the leveling thing was just an issue with the slope of their lot and it was fine. I decided to leave the RV there until all the issues were resolved. The owner tried to convince me to take it but I refused. I didn't want it until it was the unit I ordered and everything worked. Several weeks later, I called them to see where my RV was. I was informed that the furniture they sent was not as ordered and that they would be calling the manufacturer on the next business day. which was this past Monday. Wednesday they called and said it was ready. They agreed to deliver it to me on Friday. When it arrived the delivery men unhooked it from the truck and attempted to level it for me. I still would not level. And, the furniture they put in was not what i ordered either. AND, the latch was still missing. The delivery men tried to fix the leveler for about an hour. I told them to return it to the dealer. While they were still there, I called the dealer and told them the issue. They told me to leave a message for the owner who would be in the next morning. She didn't return my call. I drove down there today and confronted the owner. She tried to convince me that the furniture was what could fit in my RV. This was a lie because three people measured it to make sure the furniture I wanted would fit. When I asked her about the leveling system she said they could fix it but at this point I don't have any confidence that the RV was made properly in other areas as well and it might be months before I find out because it's now winter and I can't use it to find out practically. Not only that but I have no confidence in them as a dealership because 3 times they have tried to deliver something that didn't work or wasn't as ordered. She tried to convince me that there was noting she could do. i demanded that she void the contract that they have not upheld and refund my money. She told me that since it was licensed she could not take it back.. Again a lie. I told her all she needed to do was redo the license in their name as if they were buying it back. She said she couldn't do that. Again a lie. She WOULDN'T. I have never taken delivery of this unit. It has always been in their possession and I am refusing to take it because it is not as I ordered. What are my options?

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

Washington State, The purchase was made this summer

Lawyer's Assistant: Have you contacted the manufacturer?

No, i have only dealt with the dealer

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

I don't think so

Submitted: 4 months ago.Category: Legal
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Answered in 10 minutes by:
12/2/2017
Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,221
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You have the right to terminate the contract and seek a refund of any money paid as down payment, since they delivered a non-conforming good and have failed to make it right within a reasonable time. You need to inform them that if they do not cancel the contract, refund all the money and terminate any loans, you will pursue them in court for breach of contract and seek damages including loss of use for them failing to deliver the conforming RV you ordered.

If they refuse to cancel the contract and issue complete refunds, then you have to get a local consumer attorney and file suit against them in the court for breach of contract and damages.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
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Category: Legal
Satisfied Customers: 123,221
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Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

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