Pettibone RV Pettibone RV Pettibone RV Service Department Pettibone RV Parts Department Spike RV THEFT, CORRUPTION BY OWNERS STAY AWAY, Will not refund my deposit of $1000 for an RV I considered purchasing pending their financing which fell through. La Crescent Minnesota

Pettibone RV refuses to refund my $1000 deposit on my Suncoast Credit Card I considered trading my RV financed through you for another RV which the dealer offered to finance. This was for a $1000 deposit pending financing terms, rate and down payment and monthly payment amount and a purchase order was made pending the above. Most dealerships use a purchase order form that states that any deposit is nonrefundable and in this case their wording is this may be a binding contract and you may lose any deposits if you do not perform according to its terms. This contract language known as a liquidated damages clause provides that if the consumer does not go ahead with the purchase, the dealership can keep the deposit as damages. These clauses are not enforceable.

If the dealership is unable to approve financing on the original terms discussed and if the dealership and the consumer both understood that financing would be required which was the case, the consumer will recover the deposit. Under these circumstances, the consumer and the dealer agreed that there would be no purchase unless there was financing and if the financing falls through, then the deposit is refunded which is called condition of precedent. The same is true if the terms of financing are different from what the consumer and dealership discussed before the deposit was paid which is also the case here since they are now requiring an additional $1800 down for finance approval on top of the $1000 deposit already applied. This also applies to the interest rate or monthly payments which are now higher than first discussed and before the deposit was placed. It also applies if the dealership says that the consumer needs to find a co-signer or pay a larger down payment again the case here requiring another $1800 down payment to be eligible for financing. This dealer is very deceptive and unfair in their practices and sales techniques and they are now refusing the refund of my deposit of $1000.

Desired Resolution: Refund

I will tell you up front I have tried to resolve this with them with multiple phone calls and a couple emails with no luck. I considered purchasing a different RV and at the time they required for further consideration a purchase order, deposit of $1000 and approval of a credit application as they were offering onsite financing. This purchase order was pending approval of financing, rate, term and monthly payment. Well after all was said and done, they required more money down another $1800 on top of the $1000 on my credit card and the financing will not be approved based on this. They increased the payment amount as well as the interest rate from what was discussed before the deposit was made from the original agreement. As well the RV being considered was identified with damage and I have pictures of this damage another reason I decided against this transaction. Full deposit refund