As some of you may know we've been looking for a trailer for a while now. We found one almost 3 weeks ago, great trailer, has some hail damage but no leaks, and has some flooring damage (the lino is cracked in a few places which we would have replaced with laminate anyway). It was a great price. It's a 2009, it's 28feet long, it has everything we were looking for, and the layout is great. So we contacted the dealer, talked to a sales rep, asked for more info, weight, etc, and then said we were interested in buying it.

It's near Calgary though, which is a 3 hour drive from our place, so we wanted everything in order before we went to see it and pick it up. So we asked how we can go about applying for financing, being approved, getting all the paperwork done, before we came to pick it up.

We played telephone tag with the sales rep for over a week, finally she emailed saying we could apply for financing online on their site. Thanks for telling us that a week ago!

So we filled out the application, and in the application it asks which trailer you're applying for. So we listed the trailer, the serial number, etc.

Two days ago we got the call that we've been approved. So we emailed and said "great, we'll be picking it up this Saturday. Anything else we need so we can make this as easy as possible"?

Today I get a call "I have good news and bad news. Bad news is that someone put in an offer on your trailer. They probably won't qualify for financing, didn't put anything down, and if they don't get financing it's yours. But the good news is that I have another trailer, it's a year newer, 2 feet smaller, 1000 pounds heavier, and it's $13,000 more than the one you want, but it's a great deal".

Um, what? NO!

We applied and were approved for financing for this specific trailer 2 days ago. These people that now want to buy the trailer came in today and did the same thing we did. Did we not make an offer to purchase? How is it they can sell it out from under us? It was very clear, in writing, that we were interested in this trailer, and this trailer only, and that once financing was approved, it was ours.

Oh, and apparently we're approved for this $22,000 trailer. How? When we applied for financing we applied for $1000 more than the cost of the trailer we wanted, so total we applied for was $9,900, but we're approved for $22,000?

Can they do this?

Sorry if this doesn't make sense. I'm really really ticked right now.

I don't know the legal ramifications, but it sounds like bait and switch. You did have first dibs on that one that may not even exist or not even be for sale, was just the bait. I can't wait to read what others have to say, especially from a legal pov.

Ok, I know this is in the legal section and I don't have any legal advice for you but I can tell you how this works.

You applied for financing and were approved...BUT...you did not put any money on it, just applied for financing. The trailer would still be fair game if someone came in and bought it before you did or before you put a deposit on it. Now at the same time, they told you the people came in today, applied for financing and also put nothing down on it...so it should still be fair game to anyone and not just those people. For most dealers, it would come down to whoever put the money down first...either a cash deposit or actually got there to buy it first and signed the papers.

The fact that they have pretty much told you that you have lost it...to someone that put nothing down on it just like you....leads me to believe that they are playing games with you. Obviously they will make more money from you by getting you to buy the newer, more expensive trailer so that is kind of what it seems like they are doing. I know many dealers that play that game with cars. Even though you have applied for financing on a specific vehicle, the lender they are using is probably a low credit/no credit lender. These companies give you a blanket approval. If you are approved, they give a price range of what you are good for and the dealer can usually make things work in their favor by adjusting payments, term, down payment. So, even though you were trying for $9k, you probably have a higher range that they will allow based on how the dealer works the deal and what kind of profit range they have built into the payments.

As far as if they can sell it out from under you because it's yours...technically it wasn't yours. Applying for financing and getting approved for it is not a guarantee of anything other than that the lender will cover you for a purchase. It is still available to anyone until there is a deposit or the papers are signed. At least that is how it works here.

Sorry.

So even though we applied for that specific trailer, were approved for that specific trailer, told them we'd be picking it up on Saturday, we could be driving there and someone else could come in with all cash, and we'd get there and be screwed? Is that what you're saying odinn?

How is it so different from trailers to cars? We just bought a used car. We put nothing down. We applied for financing, and once the financing was approved, even before that, it was ours, deal pending, no other buyers considered unless our financing fell through. Why is it so different with trailers?

It's not different...you are dealing with a dealer that has lesser values than the one you bought the car from.

For me, when someone applied for financing on a car, I held it for them. To me, that was as good as a deposit. That is what it sounds like you were dealing with when you bought the car. The people that are running the company you want to get the trailer from don't sound like they work the same way. I am not saying I approve of how they work or what they do...I am only telling you that, at least in this area, legally the vehicle is not yours until a deposit or a signing of papers is done.

Sadly we can't sign papers until we go down there, and we made it very clear that we wouldn't be making that drive until financing was approved and the trailer was ours.

At this point, even if they call tomorrow and say the new buyers from today weren't approved, and theoretically (because it is theoretical) the trailer is ours if we can haul our a$$es down there on Saturday before someone else puts in an offer, I no longer want to deal with them.

I don't like being scammed, and I feel like I was. I agree with WG, it feels like a bait and switch. If I wanted to spend $22,000 on a trailer I'd be buying new, with a warranty, stabilizer hitch included! I saw a very nice used trailer only one year old, 28 feet, with a pull out, for $19,995 a 10 minute drive from our place. So why the hell would I drive 3 hours for a trailer that's $2000 more, smaller, doesn't have a pull out, and is older?

I do not being treated like some idiot! :(

Frankly, at this point if their new deal falls through, I want to back out too, so they can loose their hopeful $22,000 scam deal, and their guaranteed $9000 deal as well! They deserve at least that!

Sorry, just really really mad.

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... It was very clear, in writing, that we were interested in this trailer, and this trailer only, and that once financing was approved, it was ours. ...

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Looks like it may be a written contract. I don't know how much Alberta might vary from the Common Law, but in general if your writing evidences an agreement as to all essential terms, including price, financing terms, etc. it constitutes a contract and you can therefore sue for specific performance.

Hate to say it, but there may not even BE another potential buyer. They may have been setting you up all along. Guess I've dealt with too many slimy used car dealers during my adult life.

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Guess I've dealt with too many slimy used car dealers during my adult life.

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I've known many and still do.

There are 2 things about this that make me think they are playing games:

The claim that someone else came in and made an offer but put nothing down and signed no deals...this would not give those people preference over anyone else...especially a deal that was almost guaranteed.

The fact that they just happen to have another one for you that is $13k more...how nice. AND it is 2 years newer! It is probably something they can't get rid of for what they want for it and they figure you are desperate so they can squeeze you. You are supposed to be grateful, amazed, and incredibly appreciative that they were able to get you financing to cover this much and you are supposed to jump on it.

These are the 2 biggest give-aways to this whole thing. Under-handed dealers will do this. I have seen it done with cars...It had been suggested to me (by one of the financing companies I used) to try the 2nd one on people to gain more profit for myself and the lender. I did not do this as that is not how I am...but it does happen more often than you would like to believe.

Give me the info on the trailer I will get Henry to call tomorrow saying he seen an ad and will be down that night to look at it and if he likes it to pay in full. If they give us the info on it etc then we will know they are shady and you can use social media to your advantage

I agree, this is a common bait and switch, and will be interested in what Mogrann finds out. If there was a written contract on that specific trailer, then they can not sell it to anyone else. If there was no written contract, they are free to sell it legally but from a moral issue, they should not

Does the local news in their town have an "on your side" consumer reporter? This situation begs for a media spotlight.

This is the thing that makes me wonder. I'm not sure if we actually had a written contract. We had emails back and forth saying we wanted to buy the trailer on approval of financing, and then applied on their site for financing for that specific trailer at that specific price. We were approved 3 days ago for financing for this trailer. The new people showed up yesterday and also applied for financing for the trailer. We were already approved, they're awaiting approval. But, according to the salesperson, if they're approved they get the trailer, even though we've been emailing her about this specific trailer for almost 3 weeks now, and we were approved for it 3 days ago! So how does that put us second in line to get it?

I'm so mad I could spit nails. I'm waiting for her to call and tell us if this other couple was approved or not. Personally, if it were up to me, no matter what she calls to tell us, I want to tell her to go screw herself, I'm going elsewhere because I no longer trust them. But hubby wants the trailer if this new deal of theirs falls through. It is a great trailer, and a great price. My worry is that even if their new deal falls through, we can't pick this trailer up until Saturday. What's to stop them from selling it to someone else, or claiming they sold it to someone else, before we get there to pick it up.

But hubby is at work, and I'll likely be the one taking the call when they call. I'm so mad that I don't think I'll be very diplomatic when they call, no matter what they tell us. I may not be able to do anything legally about this, but I can definitely give them a piece of my mind and tell them what I think about their shady practices. I can also make sure everyone I talk to knows what our experience was with this dealership. Word of mouth is much better than any commercial or ad you can place.

I want to add that I did find another dealership, they have 4 very nice trailers in our price range. I wrote them an email, told them what happened with this dealer, and told them that if they could get the financing and everything in place by Saturday (they're also a 3 hour drive away) they'll have our business.

He wrote back and he was shocked that this happened. He said "Once someone applies for financing on a trailer, it's pending. We place a sign on the trailer saying it's sold pending financing, we go to our website and place a pending notice on that trailer as well. Once you apply for financing it's an offer to purchase, and it can't be sold to anyone else unless your financing falls through, or you back out of the deal.

The only way they'd be able to sell the trailer out from under us is if we only applied for general financing to see what we could afford to get, and didn't actually apply for financing for a specific trailer. If that makes sense.

So you had no written, signed contract then it pretty much goes to what I said earlier. It's a sh*tty business practice but one that many places do. There is no reason these other people should get the trailer if they are approved when you were approved first...but legally, not much you can do about it.

In the car business, places that run like this are referred to as highway operations. Underhanded companies that don't care about repeat business.

Did you ask them why they think these other people have dibs even though you applied and were approved first? I'd be curious as to how they would answer that.

Sadly it's now a done deal. The other couple was approved. But, good news says the sales person, the $22,000 trailer is still available and they can have it ready for pickup by this Saturday.

I won't post what I said to that email. It wasn't very ladylike.

I contacted the other dealership we found. There's a trailer that I love even more than the one we lost. But getting everything in place by Saturday is not going to be easy. I asked him if it was even possible. He said to get Rod to call him tonight, lets get the application for financing in order (we were approved at the other place for over $25,000 so I see no problem with this one, it's $9,900, and once we have it in writing, he'll get to work on the trailer. They'll need to inspect it because it's used, clean it, etc. He said Saturday is pushing it, but he'd do his very best to make it happen. Monday at the latest if it all goes well.

I told him he doesn't need to clean it, if that will get it to us on Saturday.

Hopefully Rod gets home soon, we can call, get the ball rolling and maybe still have a chance to go camping in 9 days.

At first we had a trailer and couldn't find a campsite. Now we have a campsite booked, and we don't have a trailer. Do you think that maybe someone is trying to tell me not to go on this trip? :(

Don't let up on the slimeball. Check the local TV and Newspaper. Is there an Angie's List in that area? Yelp? Anything similar? Let the whole province know about this pig. What do you call the Prosecuting attorney in that municipality? Roar, woman, make it LOUD!

Cat, I may go after them at some point, in some way, but right now I'm really not in the mood to deal with it. My main focus is on getting another trailer and making this trip happen for my kids. :)

Just been following along; glad to hear that things look like they may turn out even better!

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Originally Posted by Alty

Cat, I may go after them at some point, in some way,

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Monday is about as long as you can wait if you're going to involve the media. If the other dealer is in the same town, having an interview set up while you're up there Saturday would make the producer happy.

@cats. Don't know why you are pushing for media attention, and in a small town. These people do this all the time, car dealers do this all the time. What is the big deal to involve the press. You are talking about small town western Canada; we don't do it this way up here.

Alty will handle it in her own time; she knows what to do; probably the same way I would BUT we have to think about who will hear about it, and who is involved. I wouldnt just blast it out.