Sold damaged rv as new

[Bob Denman]

We need to put a good Detective on the case:


http://www.thorforums.com/forums/att...1&d=1526585393

[The Gritz Carlton]

At this point, talk to your insurance company...follow their lead...maybe start a claim. They have banks of attorneys on staff. For that dollar amount, they will seek and destroy. A little nosing around and a few letters will make people start talking.

[Pawpaw's House]

Originally Posted by Bob Denman

We need to put a good Detective on the case:


http://www.thorforums.com/forums/att...1&d=1526585393

I was hoping for Joe Friday and "just the facts, ma'am."

[lazinskm]

So jmc are u going to have Thor fix this now?

[The Gritz Carlton]

Your original post ended with the option of handing it over to an attorney. Again, and my last advice, let your insurance company get involved. You are dealing with fraud, deception, and violations of Federal Motor Vehicle Standards. Thor has acknowledged it was wrecked...so did CW...that's enough to get any ball rolling. They can follow the chain of command and get to the bottom of the problem and who wrecked the RV. There's a paper trail somewhere. Transport people sign on and off when they pick these up from the factory and deliver to dealer. How long was it in their possession and what were the miles? They have to keep Federal Logs. No one could have driven it wrecked. Hope it works out for you but don't pay a dime until you exhaust your legal options.

[TurnerFam]

I reread your original posts, which I'll highlight with my comments:

"Been having problems with leaks, generator, jacks, springs, etc."
[if the leak was near the passenger roof corner, then I could see this being an 'issue' per your definition of 'damaged', but how would the others have anything to do with passenger top corner damage?] Things go wrong with new RVs all the time, I wouldn't think that most of this has anything to do with any 'accident' damage that another dealer may 'suppose' happened.

"Finally worn down by CW/Thor refusal to fix anything..." [WHY did these two entities 'say' they would not fix anything under your warranty? There must be more to this story than you are relaying to the rest of us. Your WARRANTY is valid for a reason - they can't just 'refuse' to repair issues, if they really are issues.]

"... we went to an independent rv dealer to pay for warranty work." [WHY would you 'pay' ANY dealer for warranty work? They get paid by Thor, and Thor cannot 'demand' who makes your repairs, but only the amount of reimbursement to the dealer, which is typical in the business, regardless of the whether the repairing dealer is a 'Thor' dealer or not]

" Informed all issues result from rv being involved in impact on upper passenger side and not being repaired properly. Seals broken, gaping hole in drivers side roof, roof is caving in, etc." ['ALL' issues resulted from a 'supposed' accident to the passenger's upper side/corner? Really? or do you mean just a roof 'leak' and the 'gaping' hole in the driver's side roof? What does 'roof is caving in' mean? Did you really not see or notice ANY of these 'issues' when you purchased it??]

Now, I understand and don't want to seem as though you are not aggravated and put off by such a situation - most all of us would certainly be, too, but I also want to put everything in it's proper place, at least BEFORE the 'jump to conclusions' happens, though it already has, of course.
My comments and questions really involve assessing the situation from a 'non biased' angle. Here's what I mean...

The factory builds your coach on top of a vehicle chassis. They have regular steps and procedures. When it's finished, it goes to the paint booth, if you have full paint, of course. When finished, it is checked and noted as finished and set for the Transport company to pick up.
The transport company sends a driver/employee to go and retrieve the new coach, and drive it over the the transport yard, usually not far away. During this ride, the driver will note any major issues, at least those having to do with the vehicle's drive, engine, etc.
When the coach is parked at the transport company's yard, it is waiting for a driver to be assigned to it. When the driver arrives, whether the next day or two weeks later, the keys and paperwork are picked up, the driver inspects the outside of the coach with a walkaround, noting ANY issues or pre-existing damage. Believe me, the driver does NOT want to be responsible for something that happened at the factory, or the drive from the factory! The driver also does a cursory look over the interior, only for any 'major' issues, and also inspects the driver area. When ready, and cranked, the driver pulls the unit out of the yard and on it's way to the dealer.
The driver's first thought is WHERE to purchase fuel, as no unit ever is brought from the factory with more than the typical 1/4 tank of fuel, hardly enough to get too far. A driver is responsible for fuel, and WHERE the fuel is purchased, whether at a truck stop or a regular gas station, or anything in between. One of the most critical educations from the transport company to their drivers is the 'tail swing' of larger units, as this is the MOST often damage while fueling. A driver, if an accident happens, is required to immediately contact the transport company office, for direction of how to proceed. If the accident is close to 'home'(the transport yard), then more-than-likely the unit will be brought back for repairs. If too far into the trip and close to the dealer, it will most likely be noted and handled by the dealer and the factory at 'check in' when the coach arrives at the dealer's lot.
The dealer does NOT want a damaged vehicle, any more than anyone else. It puts off their time of selling it on the lot. But, it's not impossible that a coach might be damaged as it is moved around the dealer's inventory, taken for a test drive by a salesperson or potential customer, or even bumped into by another RV while parked. The dealer's inspect these units with a fine toothed comb when they arrive as THEY do not want to be responsible for any damage that THEY will have to then repair, if it was not duly noted on the 'check in' sheet that is returned to the transport company and the factory.
Everybody is trying to protect their own. It only makes sense.

Now, though, what if the unit was damaged somewhere along the way. Does that in itself make it a 'used' unit? No. These things actually happen more often than we think... but they are taken care of by the factory or the dealer before the customer purchases it. If the factory causes some damage while it's on the factory floor, and they repair it right then and there, does that make it a 'used' unit. No. If the dealer finds damage and must repair it, the same thing applies.

I feel for you, I do, and I think that your WARRANTY is what you use in these situations. The Factory gives it to you for a reason. Don't balk and let them 'tell' you they can't or won't make it right. You have to fight for it sometimes.

But, the reality is that things happen, and if we let it ruin our life, it will, but it's not truly the end of the world, but it DOES feel like it!

my BEST to you!

[Summerwind]

It goes without saying, sorry to the op
I apologise not catching all but my understanding is a lot of cars windows etc broke. Shot out etc in rail or other transit
And repaired by dealers and sold new as it is a new car but repaired by dealer without disclosure
Scary and sorry for your trouble will pray it's sorted out and people become aware
Oops my bad Turner fam I just read as same
My personal experience with transits

[Bob Denman]

Originally Posted by Pawpaw's House

I was hoping for Joe Friday and "just the facts, ma'am."

If we brought in Joe as well: they'd have it wrapped up in about four minutes!

We could spend the rest of the night watching "Quincy" re-runs!

[Pawpaw's House]

Originally Posted by Bob Denman

If we brought in Joe as well: they'd have it wrapped up in about four minutes!

We could spend the rest of the night watching "Quincy" re-runs!

30 minutes with commercials.

[Bob Denman]

DVR them, and do an end-run around the commercials to save time!

[Cason61]

Originally Posted by Mustang46555

Agree, If you have solid (good in court) proof it was in an accident prior to purchase and not disclosed at the time of purchase I'd be contacting your state AG ASAP!


Good Luck!

If the dealer did the work, they will have a copy usually. If the RV obviously was damaged before you bought it but damage was hidden, that's another way. Can you contact the prior owner to ask about the damage? Might want to see if this was done to other buyers of RVs by this particular dealer.

[Bob Denman]

Originally Posted by Cason61

Can you contact the prior owner to ask about the damage? Might want to see if this was done to other buyers of RVs by this particular dealer.

The O.P. said that it was purchased "new"...
(I'm not sure what the quotation marks be be telling us...)

[Cason61]

Originally Posted by Travelin' Texans

Apparently some dealers combs are much more coarse than others "fine tooth combs". Some dealers won't even run their fingers through it let alone comb it.
Did someone say Camping World??

You know, maybe the manufacturers, the dealers and the owners should start using their I phones to record problems, the person that knows about it, the 'way' things work right and the gaurantees (maybe use one when the owner gets the RV, so they understand everything about it and the one they want is the one they got, not one that looks like it except it's a year older). The books state one thing, the gaurantees another and the salesmen say one thing and it ain't so. It's on the owner then to keep his recordings but also to make a logbook of the repairs. It's on the dealers then to repair it right and not take forever and the brands to keep out of the courts for not doing right. These RVs cost as much as a house and should not have the problems we talk about before the purchase. RVs are to be used and not in the shops being fixed all the time.

[Cason61]

Originally Posted by Bob Denman

The O.P. said that it was purchased "new"...
(I'm not sure what the quotation marks be be telling us...)

Maybe that means for the year, but not the owner. Get as much info then talk to a lawyer. Have a feeling that if it gets on TV, that changes things. If they did this before, then that should be brought out.

[steve76]

R.V.'s, I sure won't buy another one. IMO, better to rent.

[Laco]

In order to prevail in any legal action you will need to be able to prove fraud. If it were me, I would be gathering all the evidence you possibly, can, get written statements from the independent shops you have been dealing with, lots of photos, then find a good damages attorney and spend an hour going over everything you have with him or her, and follow the attorneys advice. I can't say for sure, if you have a case or not, but a good attorney could probably give you a pretty accurate assessment, and a one hour consult will not break the bank.

[16ACE27]

Originally Posted by Cason61

You know, maybe the manufacturers, the dealers and the owners should start using their I phones to record problems, the person that knows about it, the 'way' things work right and the gaurantees (maybe use one when the owner gets the RV, so they understand everything about it and the one they want is the one they got, not one that looks like it except it's a year older). The books state one thing, the gaurantees another and the salesmen say one thing and it ain't so. It's on the owner then to keep his recordings but also to make a logbook of the repairs. It's on the dealers then to repair it right and not take forever and the brands to keep out of the courts for not doing right. These RVs cost as much as a house and should not have the problems we talk about before the purchase. RVs are to be used and not in the shops being fixed all the time.

Gotta be Iphones? Not Android?

[Summerwind]

Forgive if this has been said but from personal experience sometimes getting your ins involved means nothing
1 as someone said they can deny
2 you are out your deductible (which my ins said to me I may or may not get back and as a principle I think I shouldn't be out anything)
3 my ins told me so we will raise your rates and either way to fight on your behalf means nothing if it takes more of our resources
We will conserve our money and you will be out
Typically counsel is contracted and out of house (not in house for your ins as venue for trial has to be where accident occurred if goes to trial which is separate from where you live and where Thor lives assuming accidents not there)
Frequently rock chips etc are repairs at dealer from railroad car transport and repaired and sold as new without disclosure as they are repaired prior to sale
4 my personal gripe no one is compensating or WILL compensate you for your time and loss of vehicle in the interim
PS as others said legal is time consuming with little resolution to my satisfaction
As my ins said we can't make them pay anymore than they can make us
Again sorry to the op and a scary prospect for us all

[Cason61]

Originally Posted by Tfryman

Gotta be Iphones? Not Android?

Hey, either one. Just so long as everything gets recorded.

[Summerwind]

Regarding the OPs paying for warranty work, don't most manufacturers (forest river, Thor, prevost, etc)
Make you pay out of pocket if no dealer close and then reimburse you for that? Or else dealer calls and makes arrangement but most of the time (some have done on the forum said Thor paid them) you pay then the manufacturer pays you back?
IDK I'm just asking
PS whoever said about lawyering up shuts down the conversation is 100% correct
Play that line too early and the conversation is over

Originally Posted by Cason61

Hey, either one. Just so long as everything gets recorded.

I believe but that's no guarantee either
You gonna believe me? Or your lying eyes I phone?