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Collateral Exchange


DaveC

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i purchased a 2023 travel trailer end of april this year.. long story short with the outrageous amount of repairs and things not working and replacing of parts after fighting with the rv dealership they have accepted and agreed to do a collateral exchange for a 2024 trailer.. they told me the exchange has to be the exact same identical trailer which i do not believe is true especially me not wanting the exact same unit just to have the same dislike and certain issues i’ve already been dealing with. i have read that as long as it is of equal or greater value it would be a legal legit swap out.. there is an exact same brand of 5th wheel only $5000 more which should be no issue to them .. also the price of the 2024 trailer identical to the 2023 i have now is $3,880 cheaper.. i would think that money would or should be applied to my loan .. i need all the help i can please and thank you..

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yes i have been trying to talk to many financial advisors but nobody seems to be able to answer my questions.. also what up with the of equal or greater value department?? i would think the dealership would have to cut me a cheque for the $3,880 if i decide to take the cheaper but newer trailer but again i don’t think they can force me into a unit that i don’t want 

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You seem to require legal advice.  As Kirk said your lender has the final say it's their money at stake, well- until you have repaid them anyway.

Edited by Ray,IN

 

2000 Winnebago Ultimate Freedom USQ40JD, ISC 8.3 Cummins 350, Spartan MM Chassis. USA IN 1SG retired;Good Sam Life member,FMCA ." And so, my fellow Americans: ask not what your country can do for you--ask what you can do for your country.  John F. Kennedy 20 Jan 1961

 

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It is best to seek legal advice from an attorney and speak with the lender to see if they will approve of such an exchange.

 

Ken

Amateur radio operator, 2023 Cougar 22MLS, 2022 F150 Lariat 4x4 Off Road, Sport trim <br />Travel with 1 miniature schnauzer, 1 standard schnauzer and one African Gray parrot

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5 hours ago, DaveC said:

TXiceman i’ve been told the lender has approved the exchange but they’re telling me it has to be the exact same make and model which i find very hard to believe 

YOU must speak directly with the lender, it's your signature on the contract with them.

 

2000 Winnebago Ultimate Freedom USQ40JD, ISC 8.3 Cummins 350, Spartan MM Chassis. USA IN 1SG retired;Good Sam Life member,FMCA ." And so, my fellow Americans: ask not what your country can do for you--ask what you can do for your country.  John F. Kennedy 20 Jan 1961

 

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I would contact the attorney general's office about the lemon laws in the dealer's/your state regardless of if it also your domicile. That is irrelevant in a lemon law claim. They should be reachable by phone. I did not see the state and without that info it is tough.

I would also get the BB reporting docs filled out and ready to send. As well call one of those accident lawyers and you may find one that takes these kinds of cases.

As well see if you can call the factory and talk to someone there and see if they have anything to offer. If all refuse to help proceed with BBB and advertise the incident and use their name on several RV forums so we all know to stay away from them.

It sounds like they want to get rid of them and then say they already replaced yours once, implying the problem is you.

Do a memo of each call and contact with dates and times and persons talked to and their comments/promises/etc. The  rarely will as the person/dealer/rep rarely do make MFRs and will just be vague or get them totally wrong, intentionally or not. Many do not want anything in writing for which they would be liable. If it goes to court that goes a long way. If the state they are in has laws allowing recording of phone conversations if only one party consents by all means record each call as well. That means

If they are fair and honest brokers you won't need therm and will have only wasted a few minutes after each contact to accurately journal the experience. If not fair and honest brokers you will be at the same disadvantage they would be had you done memos.

That's just me.

Edited by RV_

RV/Derek
http://www.rvroadie.com Email on the bottom of my website page.
Retired AF 1971-1998


When you see a worthy man, endeavor to emulate him. When you see an unworthy man, look inside yourself. - Confucius

 

“Those who can make you believe absurdities, can make you commit atrocities.” ... Voltaire

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On 8/18/2023 at 9:34 AM, DaveC said:

i don’t think they can force me into a unit that i don’t want 

While Canadian laws may be different, I can tell you that in the USA a financing agreement is nearly always legally written to protect the lender because it is there money paying the dealer and in most such situations the dealership has no voice in what the lender will, or will not accept as collateral to be substitution. If you want legal advice these forums are probably not the best source.

Good travelin !...............Kirk

Full-time 11+ years...... Now seasonal travelers.
Kirk & Pam's Great RV Adventure

            images?q=tbn:ANd9GcQqFswi_bvvojaMvanTWAI

 

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Here's the VSA:

Consumer Dispute Resolution & Industry Education

Consumer

hand-1.png

Consumer Dispute Resolution

Use My Self-Help to understand your legal rights, Dealer responsibilities and initiate safe issue resolution.

https://vsabc.ca/

 

RV/Derek
http://www.rvroadie.com Email on the bottom of my website page.
Retired AF 1971-1998


When you see a worthy man, endeavor to emulate him. When you see an unworthy man, look inside yourself. - Confucius

 

“Those who can make you believe absurdities, can make you commit atrocities.” ... Voltaire

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10 hours ago, DaveC said:

thank you all for your input.. i will also be getting the Vehicle Sales Association involved as when the VSA gets involved Dealerships are scared of this Organization.. 

YW and good luck. thanks for the great questions. Do come back and let us know how it worked out.

I see you have only posted four times so welcome to the forums if no one has welcomed you yet.

RV/Derek
http://www.rvroadie.com Email on the bottom of my website page.
Retired AF 1971-1998


When you see a worthy man, endeavor to emulate him. When you see an unworthy man, look inside yourself. - Confucius

 

“Those who can make you believe absurdities, can make you commit atrocities.” ... Voltaire

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On 8/24/2023 at 9:03 PM, RV_ said:

YW and good luck. thanks for the great questions. Do come back and let us know how it worked out.

I see you have only posted four times so welcome to the forums if no one has welcomed you yet.

thank you 

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Let us know how things work out. Most of us have never done the sort of thing that you are dealing with. My wife was a bank loan office who did the lendor's part of such and exchange but it was not for an RV and it was more than 30 years ago. 

Good travelin !...............Kirk

Full-time 11+ years...... Now seasonal travelers.
Kirk & Pam's Great RV Adventure

            images?q=tbn:ANd9GcQqFswi_bvvojaMvanTWAI

 

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