86 35 ft BB Question

[GLOBE1969]

Thank you Gregory:
Gail Remy

--- Gregory OConnor wrote:

> Gail, if there is a rule in Ohio that the deposit
> mut be returned,
> TomW will find it. Sounds like any ebay rules would
> not apply as you
> guys dropped it from the public bidding to make a
> saleoutside. As
> far as having a binding contract. The dealer would
> have to show
> proformance and that is the failure. no proformance
> , no payment.
> Deposits I view as option contracts that roll over
> to purchase price.
> I walk away from them all the time (never 2K). It
> would be good for
> the forum to explore methods to protect yourself
> from this deception
> or misconception (two sides to every story).
>
> Hindsight
> fax the dealer/seller the list of Vintage bird buyer
> questions and
> wait for a written fax reply to the issues. the
> deposit contract
> should read that it is nonrefundable ( easer for
> seller th accept)
> but state the reasons ( proformance baced on
> written statements)
> GregoryO'Connor
> 94ptRomolandca --- In
> WanderlodgeForum@yahoogroups.com,
> "davidkerryedwards"
> wrote:
> >
> > Gail:
> > I'm sorry to hear about the outcome of your
> journey, however, I am
> not
> > surprised since I have been in similar shoes. I
> looked for over a
> > year for a used, but new to me, motorhome. I
> travelled long
> distances
> > 4 times by air or train only to discover serious
> problems with the
> > motorhomes. One of the main reasons I bought my
> Bird is because it
> > was close to home and easily inspected.
> > I decided to follow these rules in searching for
> an RV at a
> distance:
> >
> > Never give a deposit without viewing the vehicle.
> > Always buy a round trip ticket.
> > Don't rely on the seller for transportation while
> viewing the coach.
> > Try to invent creative questions that might
> provide clues as to how
> > you might evaluate a coach in person.
> > Ask for lots of photos and inspect them in close
> detail.
> > Evaluate the seller as much as you evaluate the
> coach.
> >
> > I'd try reporting the outfit to whatever state
> agencies regulate
> their
> > business in an attempt to get my deposit back.
> >
> > Kerry
> > 82 FC 35
> > Denver
> >
> > --- In WanderlodgeForum@yahoogroups.com, GLOBE1969
>
> wrote:
> > >
> > > Hello:
> > > It was Surpilla RV in Akron, Ohio
> > > Gail Allen Remy
> > >
> > >
> > > --- erniecarpet@ wrote:
> > >
> > > > Gail, who had this coach?
> > > >
> > > > Ernie Ekberg
> > > > 83 PT40
> > > > Livingston, Montana
> > > >
> > > >
> > > >
> > > > [Non-text portions of this message have been
> > > > removed]
> > > >
> > > >
> > >
> >
>
>
>
>
>
>

[erniecarpet@...]

In a message dated 9/6/2006 2:37:21 PM Central Daylight Time,
mbulriss@... writes:


> Where's Wallace Craig when we need him?

Where is Wallace? We haven't heard from him in a while.
Ernie Ekberg
83 PT40
Livingston, Montana



[Non-text portions of this message have been removed]

[Ryan Wright]

Gail,

I had a nice reply written out about exactly how you could go about
suing them in small claims court. Unfortunately, after looking at the
eBay auction, I doubt you would win. In fact I'd be surprised at all
if there were any way for you to get your money back.

The auction's terms - and they would apply even though you made an
off-eBay deal, as this is the only written proof you have of anything
- are very much in favor of the seller. Re-read the "terms of sale"
and check the fine print near the bottom of the page where he says "a
non-refundable 10% deposit". They've got you on this one. (If it were
my dealership, I would have given you all of your money back less the
$50 fee to relist it on eBay, but that's just me.)

It's doubtful they will actually sue you - they really don't have a
case at all.

One thing: Did you pay your 10% deposit via credit card? If so, you
can get that back easily. Just call your bank and explain the
situation, how they lied, how it was completely misrepresented and how
they refused to make it right. I can all but guarantee your bank will
issue a charge back and the money will be returned to you. Any time I
have the option of paying via credit card I take it, as a good bank
will always protect it's customer.

Here's the real question: Who is going to call that dealership up and
negotiate a $12-15k deal on this coach now? Given this situation, I'll
bet you could pick it up for a song and a dance. If it weren't for the
center bath/twin bed, I'd probably hop on a plane tomorrow.

-Ryan

[erniecarpet@...]

I went to their website. I found it difficult to navigate.

Ernie Ekberg
83 PT40
Livingston, Montana



[Non-text portions of this message have been removed]

[mbulriss]

As I understood the thread, Gail negotiated with the salesman and
agreed to buy the Bird outside the eBay system, so whatever on the
eBay listing is moot. I believe he stated that he bought it *based
upon representations* by the salesman as to the items that were being
repaired and readied for his arrival. Seems like it's worth a state
attorney general call about a breached sale contract to get the
deposit back.

Where's Wallace Craig when we need him? LOL

Mike Bulriss
1991 WB40 "Texas Minivan"
San Antonio, TX

--- In WanderlodgeForum@yahoogroups.com, "Ryan Wright"
wrote:
>
> Gail,
>
> I had a nice reply written out about exactly how you could go about
> suing them in small claims court. Unfortunately, after looking at the
> eBay auction, I doubt you would win. In fact I'd be surprised at all
> if there were any way for you to get your money back.
>
> The auction's terms - and they would apply even though you made an
> off-eBay deal, as this is the only written proof you have of anything
> - are very much in favor of the seller. Re-read the "terms of sale"
> and check the fine print near the bottom of the page where he says "a
> non-refundable 10% deposit". They've got you on this one. (If it were
> my dealership, I would have given you all of your money back less the
> $50 fee to relist it on eBay, but that's just me.)
>
> It's doubtful they will actually sue you - they really don't have a
> case at all.
>
> One thing: Did you pay your 10% deposit via credit card? If so, you
> can get that back easily. Just call your bank and explain the
> situation, how they lied, how it was completely misrepresented and how
> they refused to make it right. I can all but guarantee your bank will
> issue a charge back and the money will be returned to you. Any time I
> have the option of paying via credit card I take it, as a good bank
> will always protect it's customer.
>
> Here's the real question: Who is going to call that dealership up and
> negotiate a $12-15k deal on this coach now? Given this situation, I'll
> bet you could pick it up for a song and a dance. If it weren't for the
> center bath/twin bed, I'd probably hop on a plane tomorrow.
>
> -Ryan
>

[GLOBE1969]

Hello:
Thank you all for your comments regarding the 86
bird. Keep them coming.
Gail Remy



--- mbulriss <mbulriss@...> wrote:

> As I understood the thread, Gail negotiated with the
> salesman and
> agreed to buy the Bird outside the eBay system, so
> whatever on the
> eBay listing is moot. I believe he stated that he
> bought it *based
> upon representations* by the salesman as to the
> items that were being
> repaired and readied for his arrival. Seems like
> it's worth a state
> attorney general call about a breached sale contract
> to get the
> deposit back.
>
> Where's Wallace Craig when we need him? LOL
>
> Mike Bulriss
> 1991 WB40 "Texas Minivan"
> San Antonio, TX
>
> --- In WanderlodgeForum@yahoogroups.com, "Ryan
> Wright"
> wrote:
> >
> > Gail,
> >
> > I had a nice reply written out about exactly how
> you could go about
> > suing them in small claims court. Unfortunately,
> after looking at the
> > eBay auction, I doubt you would win. In fact I'd
> be surprised at all
> > if there were any way for you to get your money
> back.
> >
> > The auction's terms - and they would apply even
> though you made an
> > off-eBay deal, as this is the only written proof
> you have of anything
> > - are very much in favor of the seller. Re-read
> the "terms of sale"
> > and check the fine print near the bottom of the
> page where he says "a
> > non-refundable 10% deposit". They've got you on
> this one. (If it were
> > my dealership, I would have given you all of your
> money back less the
> > $50 fee to relist it on eBay, but that's just me.)
> >
> > It's doubtful they will actually sue you - they
> really don't have a
> > case at all.
> >
> > One thing: Did you pay your 10% deposit via credit
> card? If so, you
> > can get that back easily. Just call your bank and
> explain the
> > situation, how they lied, how it was completely
> misrepresented and how
> > they refused to make it right. I can all but
> guarantee your bank will
> > issue a charge back and the money will be returned
> to you. Any time I
> > have the option of paying via credit card I take
> it, as a good bank
> > will always protect it's customer.
> >
> > Here's the real question: Who is going to call
> that dealership up and
> > negotiate a $12-15k deal on this coach now? Given
> this situation, I'll
> > bet you could pick it up for a song and a dance.
> If it weren't for the
> > center bath/twin bed, I'd probably hop on a plane
> tomorrow.
> >
> > -Ryan
> >
>
>
>
>
>
>

[Ryan Wright]

On 9/6/06, mbulriss <mbulriss@...> wrote:
>
> As I understood the thread, Gail negotiated with the salesman and
> agreed to buy the Bird outside the eBay system, so whatever on the
> eBay listing is moot.

In general I would agree, however, I was looking at it from a legal
standpoint. Chances are in any lawsuit - small claims or not - the
seller will bring the eBay listing forth as evidence. The fact that
the purchase was negotiated over the phone instead of through eBay is
immaterial: The eBay listing is the "advertisement" that was responded
to and it's terms and conditions would likely be considered valid by a
judge. It's no different than if they had placed the same ad in a
local newspaper and someone called them up.

Now, the seller may have made contradictory statements on the phone,
but since there is no proof of that it's not going to be admissable
into evidence. I can all but guarantee the eBay ad would be considered
valid in determining liability and that ad essentially says, "We have
a coach here. Who knows what the condition is. Buyer beware. Deposit
is not refundable."

> I believe he stated that he bought it *based
> upon representations* by the salesman as to the items that were being
> repaired and readied for his arrival. Seems like it's worth a state
> attorney general call about a breached sale contract to get the
> deposit back.

I agree with you here. I doubt a state attorney general is going to
get the deposit back, but they may do an investigation that will
prompt the dealership to voluntarily return the money.

Certainly I would try to fight this any way possible. In my opinion,
the dealership screwed Gail pretty good and they should refund the
money. I just don't think there is any legal standing to get it back,
notwithstanding any laws I may not be aware of.

-Ryan

[davidkerryedwards]

It strikes me that the dealership knew precisely what it was doing in
order to cover up problems. The Ebay description explicitly stated
that the coach was only represented on the basis of visual inspection
and that any verbal promise given by the dealership was not binding.
Then, when people started writing in questions on the auction, the
dealership gave no written answers but replied with the same comment
over and over to call and talk to the salesman, knowing full well that
on on the basis of the written description, anything stated in those
conversations was not binding on the seller. Low life practice in my
opinion, verified by their treatment of Gail.

Kerry
82 FC 35
Denver

--- In WanderlodgeForum@yahoogroups.com, "mbulriss" <mbulriss@...>
wrote:
>
> As I understood the thread, Gail negotiated with the salesman and
> agreed to buy the Bird outside the eBay system, so whatever on the
> eBay listing is moot. I believe he stated that he bought it *based
> upon representations* by the salesman as to the items that were being
> repaired and readied for his arrival. Seems like it's worth a state
> attorney general call about a breached sale contract to get the
> deposit back.
>
>

[Henry Jay Hannigan]

---Gail:
I have read most comments:
If u like...please email me the FACTS; exactly what happened...and
if your case has merit, I may contact an Attorney in the applicable
State to try to get your money back.........pro-bono for the Forum.
Regards,
Hank Hannigan
Attorney at law (Illinois & Hawaii)
90SP36 (For sale in Vegas)
80fc31 (For sale in Florida)

PS: Most will assume I am doing this because my Birds are for sale
and that's OK to think that..heck..everyone..think what u like...

Gail...next time u get hot on a BIRD...have RANDY DUPREE OR JEFF
MILLER LOOK AT IT..THE SMALL AMOUNT U PAY THEM COULD SAVE U
THOUSANDS LATER!! LOL







In WanderlodgeForum@yahoogroups.com, "Ryan Wright"
wrote:
>
> Gail,
>
> I had a nice reply written out about exactly how you could go about
> suing them in small claims court. Unfortunately, after looking at
the
> eBay auction, I doubt you would win. In fact I'd be surprised at
all
> if there were any way for you to get your money back.
>
> The auction's terms - and they would apply even though you made an
> off-eBay deal, as this is the only written proof you have of
anything
> - are very much in favor of the seller. Re-read the "terms of sale"
> and check the fine print near the bottom of the page where he
says "a
> non-refundable 10% deposit". They've got you on this one. (If it
were
> my dealership, I would have given you all of your money back less
the
> $50 fee to relist it on eBay, but that's just me.)
>
> It's doubtful they will actually sue you - they really don't have a
> case at all.
>
> One thing: Did you pay your 10% deposit via credit card? If so, you
> can get that back easily. Just call your bank and explain the
> situation, how they lied, how it was completely misrepresented and
how
> they refused to make it right. I can all but guarantee your bank
will
> issue a charge back and the money will be returned to you. Any
time I
> have the option of paying via credit card I take it, as a good bank
> will always protect it's customer.
>
> Here's the real question: Who is going to call that dealership up
and
> negotiate a $12-15k deal on this coach now? Given this situation,
I'll
> bet you could pick it up for a song and a dance. If it weren't for
the
> center bath/twin bed, I'd probably hop on a plane tomorrow.
>
> -Ryan
>

[erniecarpet@...]

Don't forget the rv.net forum. LOTS of members there.

Ernie Ekberg
83 PT40
Livingston, Montana



[Non-text portions of this message have been removed]