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Open Roads Forum  >  Fifth-Wheels

 > When is a purchase a purchase?

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Mondooker

Florida Gulf Coast

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Posted: 01/12/22 03:44pm Link  |  Quote  |  Print  |  Notify Moderator

I recently read a thread on another forum I thought was interesting. It’s seems this guys orders a fifth wheel, it comes in, a PDI is performed and as normal, some items needed fixing. As the story unfolds he gets a loan, signs all the paperwork and leaves the dealership. Awaiting the Coach to be shipped to him once the PDI items are done. Now two weeks have passed and some things on the PDI list are not completed due to things needed from the manufacturer. He hopes to get the Coach next week but wonders if things would have worked better if he hadn’t already signed the paperwork?

After reading this I wondered when in fact is the Coach his? A friend of mine was a GM for a Cadillac dealer. He said he owns the car until it’s driven off the lot. The guy above didn’t say anything about not wanting the Coach. But when is the Coach actually his? When he signed the papers or when he takes delivery?

gbopp

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Posted: 01/12/22 03:55pm Link  |  Quote  |  Print  |  Notify Moderator

That's an interesting question. I don't know the answer but, I would think if he got a loan amd signed all the papers he owns the unit.
That's probably Why the PDI repairs have not been completed, the unit has been sold.

Hopefully someone has the correct/legal answer.

way2roll

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Posted: 01/12/22 04:02pm Link  |  Quote  |  Print  |  Notify Moderator

Once he signed the paperwork the bank took ownership of the title and he owns it. He should have never signed before the PDI was done. Now the dealership has no real incentive to get it done quickly. I personally never finalize the paperwork until everything is done for me to take possession of the RV - or anything for that matter. House punch outs, Cars, RV's, whatever. Once you sign you have absolutely no leverage to have anything done without a civil suit or warranty claim.


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wanderingaimlessly

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Posted: 01/12/22 04:02pm Link  |  Quote  |  Print  |  Notify Moderator

Legally it is likely his, so they really are not motivated to finish it. Did his bank or CU send the payment?

time2roll

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Posted: 01/12/22 04:34pm Link  |  Quote  |  Print  |  Notify Moderator

Even with the incentive of an incomplete sale the parts could well take 4+ weeks to be received and installed.
Otherwise yes he owns the RV and it is stuck in the dealer for warranty repairs.


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chiefneon

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Posted: 01/12/22 04:54pm Link  |  Quote  |  Print  |  Notify Moderator

Howdy!

Never ever sign the papers until all work is completed to your satisfaction. That is the only way you can get the dealership to complete the work needed in a timely matter. Do you think the dealership would let you drive away under the promise you would comeback later to sign the paperwork? NO.

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Chiefneon

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Posted: 01/12/22 06:05pm Link  |  Quote  |  Print  |  Notify Moderator

He purchased an item but never took delivery of the item.....was he ever given the the keys and even given the opportunity to take delivery? Could be interesting in a civil court before a judge. Good luck


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Mondooker

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Posted: 01/12/22 06:23pm Link  |  Quote  |  Print  |  Notify Moderator

Yah I don’t know why he signed and then not take ownership. I posed these question to a paralegal friend of mine. She said it would be an interesting case if the coach was delivered and it wasn’t right. And the guy refused to take delivery by refusing to sign for it.

The guy didn’t say anything about the legal aspect. It was just interesting to me because stuff happens even in the best of circumstances.

valhalla360

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Posted: 01/12/22 06:37pm Link  |  Quote  |  Print  |  Notify Moderator

There's always going to be a bit of a gray area...even if it's just signing the paperwork in the office (at which point it's yours) and then walking out to the lot.

It would be best to add a clause to the purchase as to the time it will take to make the repairs after the PDI with the option that you can cancel the sale at no cost if they aren't completed by the date in question.

Now given the current conditions, the dealer may baulk as there may be legitimate supply issues, plus if sales are going well, there may be little incentive to take the risk they will miss the due date. In a time when sales are slow, they may be more willing to play along as the salesman needs the sale.


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Lantley

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Posted: 01/12/22 06:47pm Link  |  Quote  |  Print  |  Notify Moderator

chiefneon wrote:

Howdy!

Never ever sign the papers until all work is completed to your satisfaction. That is the only way you can get the dealership to complete the work needed in a timely matter. Do you think the dealership would let you drive away under the promise you would comeback later to sign the paperwork? NO.

“Happy Trails”
Chiefneon

I think by signing the unit is then funded. We can debate who owns the unit. Who is in posssesion etc. but by signing the dealer gets paid.
At that popint the dealer has little incentive to expedite things.
Now if there is no signature and the bank does not fund(pay) the unit.
The dealer has a lot of incentive to take care of things and get his money.
A unpaid for unit sitting on the dealers lot is a much bigger concern for the dealer than a fully paid for unit.
Repairs and PDI issues are secondary to the dealer getting paid.
If the buyer and PDI are delaying funding you can bet you will have the dealer's full attention and full effort to get the issues resolved in order for the dealer to get paid.


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