wallynm
Los Alamos NM
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Do not want to burst your bubble but the "fit for purpose", meaning the product must be suitable for the intended purpose is defined by the manufacture not the buyer. This IMHO will never fly as the intended purpose of the vehicle was to transport people and their baggage and FROG concept behind a MH is an after thought. If you can get your $$$ back take it and run.
jgtown wrote:
Talk to an attorney.
In addition to "mutual mistake of fact", there's "fit for purpose", meaning the product must be suitable for the intended purpose and your intended purpose was to tow your vehicle 4-down behind your recreational vehicle.
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wallynm
Los Alamos NM
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gas or diesel?
foxtrottwo wrote:I had a 1978 oldsmobile delta 88 and drove it for 375,000 miles. Wish I had it back.
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jgtown
SoCal
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wallynm wrote:Do not want to burst your bubble but the "fit for purpose", meaning the product must be suitable for the intended purpose is defined by the manufacture not the buyer. This IMHO will never fly as the intended purpose of the vehicle was to transport people and their baggage and FROG concept behind a MH is an after thought. If you can get your $$$ back take it and run.
Somehow, I don't think you mind trying to burst bubbles. 
If your logic held, product manufacturers could define the purpose of their products as "suitable for taking up space". If this ends up in court, the court will determine whether towing the vehicle 4-down would be considered part of its purpose. Since the manufacturer explicitly stated that this was a feature of a vehicle, they're going to have a hard time saying it was not part of the product's intended purpose. And we're not talking about a radio that has 6 presets instead of the 10 presets advertised or a case where the consumer assumed the vehicle could be used in a certain manner and later discovered that it was unsuitable. The dealer even set them up with the towing equipment.
Judycurt, this is exactly why you need to talk to a lawyer rather than take advice from random people on an internet forum.
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foxtrottwo
Shell Knob, Missouri
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wallynm wrote:gas or diesel?
foxtrottwo wrote:I had a 1978 oldsmobile delta 88 and drove it for
375,000 miles. Wish I had it back.
Diesel
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Mr.Mark
California/Tennessee
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foxtrottwo wrote:wallynm wrote:gas or diesel?
foxtrottwo wrote:I had a 1978 oldsmobile delta 88 and drove it for
375,000 miles. Wish I had it back.
Diesel
I did not have the luck that you had with your Olds. My Olds was just about dead at 48,000 miles. I traded for a new gas powered '84 Peugeot 505 STI... loved that car!
MM.
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rexlion
Broken Arrow OK
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jgtown wrote:wallynm wrote:Do not want to burst your bubble but the "fit for purpose", meaning the product must be suitable for the intended purpose is defined by the manufacture not the buyer. This IMHO will never fly as the intended purpose of the vehicle was to transport people and their baggage and FROG concept behind a MH is an after thought. If you can get your $$$ back take it and run.
Somehow, I don't think you mind trying to burst bubbles.
If your logic held, product manufacturers could define the purpose of their products as "suitable for taking up space". If this ends up in court, the court will determine whether towing the vehicle 4-down would be considered part of its purpose. Since the manufacturer explicitly stated that this was a feature of a vehicle, they're going to have a hard time saying it was not part of the product's intended purpose. And we're not talking about a radio that has 6 presets instead of the 10 presets advertised or a case where the consumer assumed the vehicle could be used in a certain manner and later discovered that it was unsuitable. The dealer even set them up with the towing equipment.
Judycurt, this is exactly why you need to talk to a lawyer rather than take advice from random people on an internet forum.
I agree, talk to a lawyer or two. Warranty of fitness for a particular purpose can be a tough row to hoe. Especially if the Court can find that the vehicle still can be towed, albeit with some inconvenience (the PITA dolly). If you can find a lawyer who will take the case on contingency, you can figure you have a decent chance of winning. If not, plan on spending 15 grand on a spin of the wheel. JMO.
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wallynm
Los Alamos NM
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You may be correct but in fact we when purchased our 04 Mustang Convertible to use as FROG I requested and received a letter from the Zone Rep stating the vehicle could be towed and had the procedure written out on FOMOCO letter head which we carry.
jgtown wrote:wallynm wrote:Do not want to burst your bubble but the "fit for purpose", meaning the product must be suitable for the intended purpose is defined by the manufacture not the buyer. This IMHO will never fly as the intended purpose of the vehicle was to transport people and their baggage and FROG concept behind a MH is an after thought. If you can get your $$$ back take it and run.
Somehow, I don't think you mind trying to burst bubbles.
If your logic held, product manufacturers could define the purpose of their products as "suitable for taking up space". If this ends up in court, the court will determine whether towing the vehicle 4-down would be considered part of its purpose. Since the manufacturer explicitly stated that this was a feature of a vehicle, they're going to have a hard time saying it was not part of the product's intended purpose. And we're not talking about a radio that has 6 presets instead of the 10 presets advertised or a case where the consumer assumed the vehicle could be used in a certain manner and later discovered that it was unsuitable. The dealer even set them up with the towing equipment.
Judycurt, this is exactly why you need to talk to a lawyer rather than take advice from random people on an internet forum.
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emzee
california
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I sure hope you get an attorney. I would be furious. Wouldn't they consider trading your car for another on their lot? This would be so frustrating, sorry you have to go through such aggravation.
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judycurt
midwest
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Update, no surprise, GM will not do anything.
The dealer we got the car from is checking into the issue.
Hopefully they will help out somehow. Disappointing!
Thanks for everyones ideas.
Judy
Judy
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lryrob9301
Maryland
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judycurt wrote:Update, no surprise, GM will not do anything.
The dealer we got the car from is checking into the issue.
Hopefully they will help out somehow. Disappointing!
Thanks for everyones ideas.
Judy
The next thing I would do is contact your state's Attorney General office and file a complaint against the dealer and GM. I worked in the automotive industry for almost 40 years both at the retail and manufacturer level, one thing I can tell you is they don't like to attract the attention of governmental legal agencies.
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