RV Service Contract

[ckoch]

I live in California. I purchased a new RV in April '97. At the same time I purchased a service contract from the dealer who was acting as the agent for the service company. The cost of the service contract was $1500 and was to extend the original warranty for an additional 6 years making a total of 7 years. The dealer has never submitted the money to the service contract company which I have verified with the service company and have a letter from the company stating they have received no payment.

What recourse do I have to obtain return of my $1500 or at least a refund for the period of time I have had no extended service contract? The service company no longer wants to warrant the RV because it is now 3 years old and the service contract was on a new RV. What steps do I need to pursue to receive a refund of my $1500?

Thank you.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Basically what this agent did is steal your money. Since the service company was the principal (law talk here), you can hold the service company liable for the acts of their agents.

Now, it is up to you. You can get back the $1500 plus interest (10% for every month I say although probably a long shot) from either the agent or principal. Up to you to figure out. If you want to, take both to small claims court as two defendants under one case and the judge will decide one or both are liable and should pay. Read the SMALL CLAIMS COURT section at the freeadvice.com homepage and go from there.

What this agent did can amount to theft (embezzlement, misappropriation, etc). They can be criminally charged. However, do not use the threat of criminal charges against them to sue them civilly. It will come to no good.

Hope this helps.