Can I Cancel?

[barbew]

What is the name of your state? Wisconsin

We went to a RV dealership to purchase a 5th wheel. They did
not have the model we wanted, but had one the same length but a different floor plan. The floor plan we wanted would come from the factory. We looked at it 3 times and studied all the features. At the 11th hour when we were signing the contract, due to my questions, not the salesman's disclosures, we discovered that our trailer would not have a chair, roof ladder, shower door, or
safety bar. These items were included in the 5th wheel we were studying. We were ready to sign the contract then, and did so because we thought the trailer would be sold and needed it by the 15th of April. The salesman added the price of the roof ladder and safety bar on and we will be without a shower door and chair. Was this deal made under false pretenses. Can we cancel and purchase elsewhere and get our downpayment of $1,000. back? It is now April 20th and I have not been notified that that trailer is in. Please advise. Thank you. Barb

 

[djohnson]

Have you already signed the contract? If so you accepted it the way it was. Is there anything in the contract about a delivery date or guarantee to have it by date?

 

[JETX]

"At the 11th hour when we were signing the contract, due to my questions, not the salesman's disclosures, we discovered that our trailer would not have a chair, roof ladder, shower door, or
safety bar. These items were included in the 5th wheel we were studying."
*** What do you mean by 'At the 11th hour'?? Your post implies that you realized these items were not included "WHEN we were signing". If you realized it, why did you sign??

Further, your post admits that "they did not have the model we wanted", so we assume that you were viewing a DIFFERENT model. As such, there is no contractual requirement that the equipment shown on THAT model would also be on yours.

And finally, what does the brochure for YOUR model say as to these items?

"Can we cancel and purchase elsewhere and get our downpayment of $1,000. back?"
*** Probably not based solely on this 'equipment discrepancy'. See below.

"It is now April 20th and I have not been notified that that trailer is in."
*** This might be an 'escape'. Does your contract SPECIFICALLY state that delivery would be on or before April 20th??? If so, then you might be able to make a claim that THEY breached the contract and exercise the option to void the agreement. You will have to read the agreement to see what their obligations are, and what rights you have as to cancellation and refund.