Legal Question in Consumer Law in Oregon

Motorhome Purchase

We signed a contract of purchase for a new motorhome which includes in writing a list of dealer installed options, in order to fulfill their agreement they have informed us that the manufacturer had installed the side awning in such a way (incorrectly) that they will need to relocate it and patch some 15 holes in the side of the motorhome and have it painted which was not part of the original contract. Also we have discovered that during delivery to the dealership the front LCD was stolen by the delivery person and a large hole was cut in the interior wall and bare electrical wires were left buried in the wall and covered up by a fake panel that was installed. I do not believe this is the ''NEW'' vehicle we were promised and wish to cancel the contract but do not know of our liability in this matter. The contract was executed on 1/27/08 and we have not taken delivery of the vehicle. So my question is do we have a leg to stand on if we cancel this purchase agreement??

Sincerely

James Molly


Asked on 2/15/08, 3:33 pm

2 Answers from Attorneys
Daniel Meek Daniel W. Meek

Re: Motorhome Purchase

From your description of the facts, you probably do not have to accept delivery of this vehicle. It really depends on the language of the contract. But, considering the large amount of money involved, you should definitely retain an attorney.

If you have not paid for it yet, then you probably should refrain from doing so. Then it will be up to the dealership to sue you, which sounds very unlikely in the circumstances you describe.

Note: This message does not constitute legal advice or establish any attorney-client relationship.

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Answered on 2/15/08, 7:14 pm
Andrew Svitek Svitek Law Group, LLC

Re: Motorhome Purchase

It will probably come down to whether the defects you describe are considered "material." It's a factual determination as to what is considered a "new" motor home... for example most new cars sold as new have some mileage on them.

Who sues who here (and goes to arbitration according to the terms of the contract) will probably depend on whether you put down a sizable deposit, and whether the dealer will refund it, and if not, whether you're willing to walk away from it.

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Answered on 2/16/08, 3:31 pm


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