Selling on Consignment Problems

[USA-RVNomads]

Several mistakes have been made by both parties. First no clear written contract between the dealer and the consignee. Though you agreed upon your acceptable selling price, you needed to have that clearly spelled out in writing. As well as any fees or charges that each of you were responsible for. The dealership is most likely paying its sales staff a commission and a good dealer will also advertise the unit to attract potential buyers...this costs too. You should have agreed upon a fee for the inspection/cleaning/prep of the unit before it was shown on their lot. Any repairs necessary would have been determined during their safety inspection and you have the right to refuse any of those repairs, but if the dealer isn't willing to pay for safety related repairs you are stuck as they most likely can't sell the unit without disclosing those issues. In some states certain safety related issues prevent the sale all together unless repaired prior to the transfer of title.

"As Is" conditions related to the rest of the unit is acceptable and the dealer can make money selling the unit to a buyer then charging them for the repairs or the parts so the new owner can fix it themselves.

At this point I would pick up the unit and find another dealer to consign it with...this time with a written agreement in place before placing it into their possession. Try to stay local, even a used car dealership might take it on...it will bring in customers and that's what they want.

 

[Bob Buchanan]

Over the years of full time RVing I have placed 2 RV's on consignment lots. One a very large dealership, and the second an actual consignment dealer. Both in the Sacramento area. On both occasions I signed a lengthy contract that stated just how everything would work. In addition to the acceptable selling price, the consignment duration was indicated - in that they had just so long to make a sale.

Both failed to sell within the timeframe given so I took them back, placed an ad in RV Trader - and sold in both cases in less than two weeks.

After reading this thread would agree that step one is to get an attorney. Most will give you a consultation for $25 or so that would be money well spent. That way you can get their opinion and help you make a better decision on whether or not to hire an attorney.

You could decide what you want, write a letter to that effect and send with delivery confirmation. Tell them that if they do not agree, you plan to go legal. I "would" get the $25 interview first.

And good luck and getting this settled . . .

 

[themothership]

When I was shopping for a class A I had champagne taste and a beer budget.  I was tempted by those ads that read "take over payments", until I saw that the descriptions of the vehicles were written by the owner and some broker had just plastered his name and phone number on the original ad.  I imagine that they target sellers who have been unable to get their price after a long time.  I paid cash for what I could actually afford, not much but its all I've got!

This to me sounds like one of those deals.  The "buyer" takes possession but not title as payments are made to the broker.  There may or may not be an original lien but certainly the brokers profit comes from mark-up, interest and subcontracting "repairs".  No one wins but the broker who hides behind an LLC.
I hope you resolve this quickly.