RV Purchase - Recourse on “Bait & Switch” (?) Transaction

[Ximmie]

Jurisdiction

Minnesota

Live in CO and purchased an RV in MN. They told us, and our understanding was, that we purchased an RV on the lot that we toured. They agreed to hold it for us until we could pick it up in a few weeks. We notified the dealer of the date we'd arrive to get it 2 weeks later. Got to dealership and were informed that they sold the one we thought we'd purchased to someone else, and ordered us a new one, which had not yet arrived.

When we made the purchase and loan, we were provided a VIN and our loan paperwork indicated that we agreed to take possession that day upon signing. Assumedly, since they provided a VIN, they knew what they planned to do the date of purchase and did not inform us.

Is what they did legal? How can we legally agree to take possession of a vehicle they didn't actually have? We wasted an 1800 mile round trip and still have no RV. What recourse do we have to rectify this situation?

 

[adjusterjack]

Two questions:

1 - Do you have a written contract (with the VIN on it) with your signature and the dealer's signature on it?

2 - Did you give the dealer any money at the time you thought you were purchasing the RV?

 

[Ximmie]

Thank you so much for your response!

1) Yes - we have all the purchase paperwork, including the loan documentation that specifies a VIN. They verbally told us that it's the VIN of the ordered trailer. However, since we don't have ithe RV yet, cannot confirm that the VIN on the loan would match an RV we'd get. We also purchased insurance using the VIN we were provided a couple of days before our trip to pick it up.

I know the loan originator specifically pointed out the paper we signed saying that we accepted delivery the day of purchase, even though we weren't taking it home that day.

2) Yes, we put down either $8K or $9K. I can't remember which off the top of my head. $1K was on a credit card and the remainder was a cashier's check.

 

[army judge]

Got to dealership and were informed that they sold the one we thought we'd purchased to someone else, and ordered us a new one, which had not yet arrived.

It is often frustrating, and in SOME instances, outrageously inconvenient to transact HIGH DOLLAR business transactions ACROSS state lines.

In many cases the small amount of savings the potential buyer imagines is never realized.

In some cases the potential buyer ends up with a financial loss, no savings windfall, and no vehicle/item is ever delivered!

If you have the ability, or are offered the ability to have the contract canceled or voided, eagerly accept to offer.

Otherwise, as frustrating as this appears to be today, it will only grow by leaps and bounds in the rather, rocky days ahead.

 

[Ximmie]

Thank you, Army Judge, for your response. My husband is from the Twin Cities area.

While visiting his family, we went to look at some used RVs at a very recognizable, nationwide dealer. Fell in love with a new one on the lot. We go there frequently and didn't think it would be a problem to go back to get it.

Certainly learned our lesson. I had no idea a dealer with such a big name on the national scale would end up being so shady.

 

[army judge]

Certainly learned our lesson. I had no idea a dealer with such a big name on the national scale would end up being so shady.

You're most welcome, ma'am.

These days, as opposed to days of yesteryear, I assure you, charlatans, thieves, crooks, scammers, shysters, tricksters, flim flam artists, conartists, bamboozlers, and all the others of that ilk; come in many skintones, genders, etc...

Know this, scammers are just like human beings, they manifest themselves in any color of the rainbow, any size, shape, and age.

I trust only a few select individuals today, my children, my spouse, myself only.

My parents passed on several years ago, as did my grandparents. They were on my trust completely list.

My former best friend, I'll refer to him as JJ, was added to that list decades ago.

Sadly, he was removed from my list after he died while serving our nation in Vietnam.

One of my many rules regarding life, especially business transactions is distrust everyone, everything, unless and until, you KNOW with 100% certainty, otherwise!

If you possess a mere one percent doubt, don't add that person to your trust list.

 

[adjusterjack]

Is what they did legal? How can we legally agree to take possession of a vehicle they didn't actually have? We wasted an 1800 mile round trip and still have no RV. What recourse do we have to rectify this situation?

I don't know. Probably none, except getting your money back and taking your business elsewhere.

Unless they are getting you an identical RV at the same price and are willing to compensate you somehow for the hassle.

Frankly, though, they probably don't give a sh-t.

I had no idea a dealer with such a big name on the national scale would end up being so shady.

They all are.

The moral of the story. Buy local or be prepared to take the item with you when you make the deal. And don't even go window shopping without being able to take it with you.

 

[welkin]

1) Yes - we have all the purchase paperwork, including the loan documentation that specifies a VIN.

Did you check that the VIN in the contract matched the VIN on the RV on the day you made the deal? Is it possible that the dealer was being ambiguous about whether or not you were buying the RV on the lot as opposed to buying the make and model of the RV on the lot? Is it possible that you assumed you were buying the RV on the lot or did the dealer affirm that you were buying the RV on the lot?

 

[adjusterjack]

I'd be more inclined to believe that the dealer had the sudden opportunity to sell it and get it out of inventory quickly rather than wait on the OP. It also wouldn't surprise me if there was some fine print in the purchase contract that allowed for that.

 

[Ximmie]

We didn't check the VIN. A mistake in retrospect.

They were quite clear that we were getting the one on the floor - when we signed the finance paperwork, the finance lady said, "even though you're not taking it with you today, this indicates that you are taking possession today." We also asked, and received confirmation, that it would be ok to leave it there and pick it up in a few weeks.

There was a big RV show in the Twin Cities area the next two weeks. I'm fairly certain that the General Manager saw the opportunity from the get-go to sell the one on the floor at the show… then give us the VIN for one he had on order, or placed the order and got a VIN to put on our paperwork.

We called and let the Parts Sales Manager know we'd be coming in to pick it up on X date. She said she'd tell the other department. Apparently she did not.

When we showed up to get it, GM realized he'd been caught flat-footed and red-handed.

He did agree to deliver it to us in Colorado on his dime. I asked these questions because I was starting to fear that he was going to renege on that as we hadn't heard from the delivery company in the expected timeframe. I wanted to prep myself to call to the GM to find out what was going on.

Thankfully, they called this morning and it should be delivered tomorrow. *fingers crossed*

 

[adjusterjack]

Thankfully, they called this morning and it should be delivered tomorrow. *fingers crossed*

That's wonderful.

When it shows up, do not sign anything until you have made a thorough inspection of every inch to make sure you are getting what you bought and the VIN matches the paperwork.

If the delivery guy has to sit in his truck for an hour or two, so be it.