RV Dealer sued for false claims

[Velos]

Lawsuit: Retired couple alleges Eugene RV dealer sold them too-heavy travel trailer: CLICK HERE for complete article.

 

Several years ago we were at the Tampa RV Show and I head a salesman tell a couple looking at a 14,000lb fiver that his 1/2 ton pick up would tow it. I was in disbelief, I had heard storys of peoples experiences with RV salesmen but this time I actually heard it first hand.

 

There are always two sides to every story so bottom line is verify and confirm the numbers before you sign on the dotted line.

[TxCowboy]

This is going to be a very interesting case if it ever goes to trial. Could set an interesting precedence of RV retailer responsibilities vs. a buyer's responsibilities in the sale and operation of a recreational vehicle. The "age" issue is an interesting twist.

[AlCherry]

Cowboy, I know the guy who owns RV Corral. We served together in the Army.

[horizon36]

Several years ago I was at the Lazy Days campground in Tucson weighing rigs at a rally when I learned that they had trained their sales people on a new mandatory system. Lazy Days makes their sales people enter your truck info into a program that will determine if the truck is sufficient for the trailer the customer wants to buy. If it is not, the sale can't be completed. The customer can choose to buy a lighter trailer or a bigger truck and come back. I suspect it was to enhance customer safety and avoid the possibility of a lawsuit.

[Pieere]

The old saying: Buyer beware!! Do much research before purchase of most anything! I have the title to the Golden Gate Bridge! Any buyers???

 

Really; I worked for a used car dealer in NY State as a mechanic in the late 1970's; took the wheels off the used car up on the rack to check the brakes! It needed rotors and pads and brake hose lines. It was closing time and one of the brother owners wanted me to put it back together so a customer could test drive! I said no as there was a chance of the brakes failing to work. Any how before I left they stated reinstalling the used parts. The following morning the other brother was there and confronted me saying "Why did you (I) put the brakes back on the car??? He said the test driver lost control of the car and slammed into the curb and then a utility pole, and i was at fault. I said; it was your brother and his son who put it back together as I was leaving after i warned him it would be dangerous. I ended up quitting there shortly after when the same brother who put the parts on the used car asked me to super glue a distributor cap back together!! I didn't turn them in to the Sate auto dealers about thier dealings as I was a dumb young man not aware of the laws!Shady operators out there. They got closed down; then moved to another town and started over again!

[AlCherry]

The old saying: Buyer beware!! Do much research before purchase of most anything! I have the title to the Golden Gate Bridge! Any buyers???

 

Really; I worked for a used car dealer in NY State as a mechanic in the late 1970's; took the wheels off the used car up on the rack to check the brakes! It needed rotors and pads and brake hose lines. It was closing time and one of the brother owners wanted me to put it back together so a customer could test drive! I said no as there was a chance of the brakes failing to work. Any how before I left they stated reinstalling the used parts. The following morning the other brother was there and confronted me saying "Why did you (I) put the brakes back on the car??? He said the test driver lost control of the car and slammed into the curb and then a utility pole, and i was at fault. I said; it was your brother and his son who put it back together as I was leaving after i warned him it would be dangerous. I ended up quitting there shortly after when the same brother who put the parts on the used car asked me to super glue a distributor cap back together!! I didn't turn them in to the Sate auto dealers about thier dealings as I was a dumb young man not aware of the laws!Shady operators out there. They got closed down; then moved to another town and started over again!

 

There is a lot more to this story than a "Shady Operator"

[coachmac9]

Soooo just to play devils advocate here...what if the salesman had refused to sell the couple the trailer...wouldn't the lawyers be lined up to file an "age discrimination" suit???

[remoandiris]

Ah, so those people are too old and stupid to perform their own research. I guess the old saying of "There's no fool like an old fool", applies in this case. Gimme a break.

 

The couple’s attorney, Clint Jones of Eugene, declined to answer specific questions about the case but said that he believes the lawsuit is “meritorious and in keeping with the protections afforded to vulnerable persons by the Oregon Legislature under the (state’s) elder abuse” laws.

[Kirk W]

There are several interesting questions at play here. Is the sales person liable for statements he makes in selling an RV? Is the employer legally responsible for the accuracy of the statements that sales people make? Does the age of the buyer matter? In my mind, it really isn't that much different selling to an older person or to one who is young and gullible. And even the midlife buyer who has no RV experience tends to believe too much of what sales people often say. It is such a common practice that the commissioned sales world even has a word for lying to a customer, "puffery."

[LindaH]

Elder abuse?! So, people past a certain age shouldn't be allowed to purchase a vehicle because they're too addled to do so? Give me a break!

 

Unless the salesman's statement that their truck was enough to pull the trailer was written into the contract, it seems to me that this would be pretty hard to prove. It would be a case of "they said, he said."

 

Even if the salesman told them that, that does not relieve them of the responsibility of doing their own homework. Unfortunately, newbies to the RV world often don't know the answers to the questions they should be asking -- and age has nothing to do with it!

[Randyretired]

This case opens up a lot of problems. We see that truck manufacturers rate vehicles using different criteria and most use a lightly loaded truck with less than a full tank of fuel. The frontal area may be smaller than many common trailers and on and on so what is the capacity of a truck? Then customers load the trailers so how is that caculated? Lots of variables here but many first time buyers aren't even aware of what questions to ask much less what the answers should be. It would sure be helpful if some of these questions had reliable answers so that one could just look it up or have a program that lists the trailers that a truck can safely pull. It all has to start with truck manufacturers and then RV manufacturers. Buyers are now forced to calculate from published numbers that may not be what they seem but certainly RV dealers could be a little more involved. My old Ford PU had a tow rating of around 13,000 pounds. When I told a RV salesman what kind of truck I had he told me a diesel could handle the 17,000 pound 5er we were looking at. This is an area that I think needs a lot of attention. After all everyone's safety is at risk. I am not a big fan of lawsuits but maybe this could be a start.

[dirtyboots]

Elder abuse?! So, people past a certain age shouldn't be allowed to purchase a vehicle because they're too addled to do so? Give me a break!

 

Unless the salesman's statement that their truck was enough to pull the trailer was written into the contract, it seems to me that this would be pretty hard to prove. It would be a case of "they said, he said."

 

Even if the salesman told them that, that does not relieve them of the responsibility of doing their own homework. Unfortunately, newbies to the RV world often don't know the answers to the questions they should be asking -- and age has nothing to do with it!

Totally agree, Linda. The story says the trailer sat in storage from late 2013 to Aug. 8, 2014, then was hooked up and towed. Were the tires checked, aired, were they using an anti-sway hitch, so many questions left unanswered. Personal responsibility is becoming a thing of the past (not to anyone here, but you know what I mean).

 

I sold 3 yearling heifers to a guy who apparently didn't know squat about handling cattle. He ended up with a broken leg a week later when moving them on his own property. Does that make me liable since I didn't prevent his mistakes? The elder abuse tag is just a way for the attorney to get his case more air time.

 

Buyer beware and try to be smart.

[bruce t]

Wow. Imagine all the burger places being sued because they should have warned you that they would make you fat. Be responsible for your own actions.

 

regards

[Kirk W]

I would think that there is a significant difference between not telling someone about an issue and the telling them something that is not true. Did the sales person know that the truck was not rated to tow that trailer, or should he/she have known?

 

Remember too that McDonald's did have to pay damaged to that lady who spilled "dangerously hot" coffee in her lap a few years ago. Courts and juries can be hard to predict. How far should we take the "laissez-faire" rule of business? Businesses can be prosecuted for false statements in advertising so why not for lies told in the effort to sell?

 

Having worked with a sales force for more than 30 years, I long ago learned not to ever trust what any sales person tells me, particularly if they work on a pure commission basis. Yet we regularly see folks suggest that others go the the sales person that they bought from. Sales people are paid for sales results, not for honesty. They don't get fired for distorting the truth to their customers, only for getting caught in a lie. Really good sales people are those who can sell for more than the minimum price and yet convince the buyer that they got a bargain and I have no doubt that some of those recommending their sales person are among the mislead buyers. It is true that not all sales people are crooks, but it is also true that those who are most talented as crooks do not get caught.

[GlennWest]

Amazes me the people that state a " dually will pull anything." There is a general misconception on towing vehicles period. I do believe the truck makers are mostly to blame for this also. Really hate to see lawsuits but something definitely needs to change

[LindaH]

Amazes me the people that state a " dually will pull anything."

When we were looking for our first fulltiming fifth wheel, we stopped at a Tucson dealer (who is no longer in business). At the time, we had a 1996 1-ton Dodge dually with the Cummins 5.9 diesel engine. When he found out what truck we had, he said "Oh, you can pull anything on our lot with that truck!" That included the 40' plus Tetons! If we had believed him and purchased one of those Tetons, we would have been dangerously overweight!

[sandsys]

Every one is wrong. When my dad was 83 he was competent to make this decision and to drive that type of rig. Dealers often say a truck can do something it can't safely do but we all know that so we don't take their word for it. If the dealer had refused the sale because of the age of the buyer he would have been wrong. The article did not tell us the capacity of the truck nor the weight of the rig so we can't know if this combo was wrong or not. And we know nothing about the driver's ability. Thus, none of us are qualified to judge the merits of this case. But it will be interesting to see what they choose to tell us in the future and what the outcome is. To be right, we need to wait for more detail.

 

Linda Sand

[GlennWest]

What wrong with my staent? I passed no judgment on that case. Without the facts it would not be wise

[Yarome]

As badly as I feel for this couples mishap.. and as much as I would like to see the industry providing more accurate information to their customers.. I guess frivolous lawsuits are not exclusive to the young and entitled.

 

A 21' Skyline with a 2002 Dakota.. yeah.. that doesn't exactly spec out (6200 dry weight with a 5150-6650 tow rating), but claiming "I'm old and gullible" isn't a defense. If YOU put it on the road and YOU'RE behind the wheel, all responsibility falls on YOU... IMB. Even if it's not your rig.. if you're behind the wheel.. man up!

 

No sympathy from me.

[bruce t]

There's a difference between telling a lie and not saying anything. A blatant lie should have consequences. But not knowing what I don't know isn't anyone's fault.

 

Every day folks buy 'stuff' that they only have a vague idea how to use. Is it the sellers responsibility to make a judgement on how competent we are?

 

regards

[WeBeFulltimers]

I personally heard a salesman at an RV show about 3 years ago tell lookers that a 22,500 lb Mobile Suites could safely be pulled with an F-250. I think he is a brother to the one I heard last fall in Goshen, IN tell a couple that a Big Horn they were looking at was 13'9" tall. How would you like to get an oversize permit and have an escort every time you move?

[GlennWest]

Consumers always pay for law suites. True fact. Harmful aspect in our society

[Daveh]

I am not a huge fan of the american legal system but Glenn you way overstated the case. But every country needs a legal system there are all kinds of examples where law suits have had huge benefits for society. Look at what litigation did to change the tobacco industry not to mention environmental and civil right cases.

[GlennWest]

But it is a fact consumers pay for lawsuites. Cost goes up. Not defending or be judgemental

[Daveh]

Sometimes Glenn but it varies. I will go back to my tobacco industry example. By withholding health information the industry addicted a generation and imposed billions of dollars in health costs upon the US. All of society benefited and costs were reduced as a result of those lawsuits. The asbestos lawsuits are another example.