Elderly Florida Couple Claims The General RV Center Sold Recalled Vehicle as New
by Erin Shaak
Last Updated on August 17, 2018
Dolores et al v. The General RV Center, Inc.
Filed: August 13, 2018 ◆§ 3:18cv981
Two Florida consumers claim The General RV Center sold them a recalled recreational vehicle represented as “brand new” that was rife with mechanical issues.
Two Florida consumers claim in a proposed class action that The General RV Center, Inc. deceptively sold them a recalled recreational vehicle represented as “brand new” that was rife with mechanical issues.
The plaintiffs, who the case describes as an elderly married couple, claim they visited the Florida RV dealer in April 2018 and were pressured into buying a 2018 Crossfit with an $87,000.00 price tag. The sales representative convinced the couple to trade in their 2007 Winnebago and 2006 Honda truck – their only means of transportation - in order to afford to the “brand new” vehicle, the case says. Before signing the Purchase Agreement, the plaintiffs were allegedly assured they could pick up the RV the next day, April 4, 2018.
Upon returning to the dealership a day later, the defendant told the plaintiffs they could not pick up their vehicle because it was a “recalled RV” and needed repairs, a fact the couple claims had never been disclosed to them until that point. Upon reading the Purchase Agreement, the plaintiffs noticed that the RV had been sold to them not for the represented price of $87,000, according to the suit, but for a marked-up price of $100,247.00.
It wasn’t until April 17, 2018, that the defendant called and invited the plaintiffs to pick up their Crossfit, the suit notes. Upon arriving at the dealership at 11:30 a.m., however, the couple was told the RV was not yet ready, as it “had not been fully repaired,” according to the suit. The plaintiffs allegedly waited at the dealership until 7:30 p.m. and were informed that they had purchased their vehicle “As Is” and needed to sign a second Purchase Agreement. The case claims the defendant added a five-year warranty for nearly $6,500.00, a Gap insurance policy for $800.00, and a roadside assistance policy for almost $900.00.
After purchasing the RV, the plaintiffs were forced to return to the defendant’s service department for numerous repairs between April and July 2018, including:
- “an inoperable and burned out awning motor”;
- a shattered window;
- issues with the refrigerator and freezer;
- an overheating microwave;
- holes in the ceiling “covered up with scotch tape”; and
- “unsafe and defective tires.”
The case also claims that the wife sustained a neck injury that required emergency medical care “as a result of being jerked and swiveled around in the Crossfit’s unsecured passenger seat.”
Notably, the case mentions that the plaintiffs called the RV manufacturer’s corporate office in May and were told that the defendant “should have never sold the Crossfit to [the plaintiffs]” because it was recalled and had been sitting “inoperable” in the defendant’s lot for nearly a year.
All told, the case argues that as a result of the defendant’s “exploitation, deception, scams, lies, and trickery,” the plaintiffs lost their two working vehicles, paid insurance premiums on a defective RV, and will have surrendered a total of $171,420.00 in monthly loan payments for the allegedly recalled Crossfit. The lawsuit argues that The General took advantage of the elderly individuals and convinced them to buy an RV they “would have never purchased” absent the defendant’s alleged deceptions.
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