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Old 11-19-2019, 12:55 PM   #1
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THOR #15031
There might be hope yet!

For those of you that have had problems with your coach from the beginning, this is a very interesting development.

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Old 11-19-2019, 01:15 PM   #2
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That was a narrow decision that only applied to that case after years of being in the courts and is still being appealed. So it might give you some hope if you wanted to follow the same path, or just for push back against the poor QC of manufacturers and dealers. I was happy to see they prevailed.
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Old 11-19-2019, 01:56 PM   #3
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But at least it's a step in the right direction!
( Until the Layers get hold of it... )
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Old 11-19-2019, 02:12 PM   #4
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Baby steps at this point but it is heading in the right direction.
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Old 11-19-2019, 02:52 PM   #5
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Here's the Florida Statutes that say the same thing.

Title XXXIX
COMMERCIAL RELATIONS
Chapter 672
UNIFORM COMMERCIAL CODE: SALES
View Entire Chapter
672.608 Revocation of acceptance in whole or in part.—
(1) The buyer may revoke her or his acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to her or him if she or he has accepted it:
(a) On the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or
(b) Without discovery of such nonconformity if her or his acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the seller’s assurances.
(2) Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the seller of it.
(3) A buyer who so revokes has the same rights and duties with regard to the goods involved as if she or he had rejected them.
History.—s. 1, ch. 65-254; s. 593, ch. 97-102.
Note.—s. 2-608, U.C.C.
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Old 11-19-2019, 03:07 PM   #6
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I wonder how this tune will sound in Indiana?
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Old 11-19-2019, 04:36 PM   #7
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Quote:
Originally Posted by jeffpiercemagic View Post

.....cut....
(2) Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the seller of it.
....cut.....

With a vehicle, will “substantial change in condition” include going from new to used? Normally that affects value significantly, so it’s not quite the same as revoking a shipment of tile because they are defective, or food products because they are spoiled.

Progress in this area may be helpful because no manufacturer will unilaterally address quality issue if it’s going to put them at a competitive disadvantage. Laws that affect all manufacturers equally may have greater impact than relying on buyers to individually demand quality through the normal purchase process.
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Old 11-19-2019, 05:07 PM   #8
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Dealers will find a work around...

Bet the sales contracts will be reworded to require right to cure.
This is an interesting case because the time frame to identify the defect (leak) was three months into ownership and the subsequent damage caused by the leak. It is that subsequent damage that caused the substantial impairment, and that damage was caused after the MH was brought to dealer for repair and the repair performed did not cure the leak. Note that this has been in the Court system for 5 years. Not many of us can wait that long for a resolution.
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Old 11-19-2019, 05:21 PM   #9
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If we end up with Laws that say there has to be a chance for the dealer to fix the problem: how can a contract be written to negate Law?
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Old 11-19-2019, 08:04 PM   #10
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I see it as law suits will take years and most RV owners are financed. That means they will return an RV and stop paying for it which will ruin their credit or continue to pay for something sitting on a dealers lot continuing to degrade.

Either way its a lose, lose for the consumer unless lenders are guaranteed recovery in a reasonable time frame. Maybe a small shared portion of the sales prices could go into a General Recovery Fund that could protect the consumer until settlement at which time the losing party pays the GRF back. That might force better quality control and quicker repairs as well as speeding up the process and preventing frivolous suits. Just a thought.
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Old 11-20-2019, 12:22 AM   #11
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Quote:
Originally Posted by Chance View Post
With a vehicle, will “substantial change in condition” include going from new to used? Normally that affects value significantly, so it’s not quite the same as revoking a shipment of tile because they are defective, or food products because they are spoiled. .
It will, and does change it from new to used and that is significant. Not as significant as mileage. New to used can be combatted and part of the process. Mileage is not part of the process. Depreciation subtracted and the return will cost you $30k on $100,000 purchase plus the lost tax and license.

This proposed statute is, as shown by the example above, not a damn thing new. Someone find a case that was successfully completed in favor of the rv in the state states above.

The list of non included items will be large enough to negate the 'windshield noise bothers me' 'they left sawdust behind the cabinets' crowd.

I'll give the basics of a similar federal law:
If a stick home is built by a private party and sold within a certain time of the build, we'll say, two years, the buyer has 3years to get back every penny they plowed into the house... Without giving a reason.

Look it up, see how close I am to the correct stance.
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Old 11-20-2019, 01:48 AM   #12
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Quote:
Originally Posted by ducksface View Post
I'll give the basics of a similar federal law:
If a stick home is built by a private party and sold within a certain time of the build, we'll say, two years, the buyer has 3years to get back every penny they plowed into the house... Without giving a reason.

Look it up, see how close I am to the correct stance.

I think that is somewhat a condition in some VA backed loans but I have never heard it anywhere else and I have sold houses in WY, MI, MO, AZ and CA, all newer and built by individuals. The closest thing I recall to this would be a home I sold in Casper WY and the buyer financed through VA as I had. It stated that I would be responsible for satisfying their loan if they walked away anytime within the first three years, but there was no specified recovery to the buyer. He would have to sue for anything he thought he was due.

If RV's were treated more like real estate they would have to have presale inspections and a lot of these issues would be documented and fixed. Much like larger boat sales. Sounds like a great business for someone to start.
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