[Archived]

Here’s the response I got and I don’t have a clue what Teasdale means.

Funny how this unit has a prevost title and vin number ? What s even funnier is that a prevost dealer from Texas flew a rep out yesterday and paid us 290 k for this unit for Teasdale ! Hmmmm maybe you should do more research

[AL]

Guy’s full of s**t, seller on RV Trader is the same. He’s either cluless and got taken in himself and embarassed or a fraud and a huckster. Geo.

[Archived]

Actually,

This business is very close to violating Title 18, USC, Section 1037 – “Fraud and related activity in connection with electronic mail.”

However, if in fact there is a new owner, they would probably do better by filing a civil lawsuit of False Information under Title 18, USC, Section 1038.

[Fred F.]

I think what has most of us upset over this is some buyers do not make the effort to sort out fact from fiction, and as a result people who knowingly misrepresent a coach like that one end up with a pocketful of money that the swindled buyer plays hell getting back.

The key is to stop someone from getting screwed if it is possible to stop the seller from claiming it is a Prevost. If someone does buy the coach they likely will find out it is not a Prevost the first time they go into a Prevost service center for a repair.

[Corey]

I was going to bid on it….

[Glenn]

Colt, I do believe that you are indulging yourself in a tongue in cheek excecise. Geo.

[Corey]

I am surprised by some of the responses you guys got when you queried the seller! I figured the Prevost badges were kind of a gag or light hearted addition not a serious thing where they were trying to pass off the plastic coach as a real Prevost.

[Mike]

I thought this thing was in Texas….is it in GEORGIA NOW?

EDIT: Sorry, guess it was always in GA, but looks to still be for sale?

[Glenn]

I see the current advertiser is still claiming it is on a Prevost chassis. What chassis were Lexa’s based on? Freightliner, Spartan, A N Other? So much for the line in the ad that states the previous owner is “one of the most experienced RV dealers around”. Clearly not in Prevost buses! Pop-ups maybe. Pity the poor soul who falls for it though, especially if they are spending their life savings. Even worse than the guy who spent his savings on a brand new King Aire a while back that spewed 50 galls water everywhere when it was only three days old. Talking of which, if I had new King Aire money, would I buy one? Nope, I’d just get an equivalent value used Prevost. Or a slightly less expensive one and have some money in the pot for maintenance etc.

[Rudy]

I cannot believe this is not criminal. I am not a lawyer, and maybe some of the lawyers who are PC members will chime in. An inexperienced buyer would certainly be led to believe it is a Prevost with the name on the front and rear and if it was bought with that understanding the buyer is certainly not getting what he bargained for.

[Dick]

Here is a link to the ad on RV Trader, incase anyone is interested.

http://www.rvtrader.com/listing/2003-Country-Coach-LEXA-45-Prevost-114662475

[Archived]

I’m surprised that Prevost hasn’t issued the seller and/or the dealer a cease and desist order.

[Archived]

I’ve reported this thru RV Trader Fraud Online and received an automated response that one of their Reps will be in touch. Let’s see …

If a buyer actually purchases this RV in the meantime, if they discover the fraud, there will be an actual complainant who can file both criminal and, most likely, civil fraud charges.

[Archived]

I made Prevost aware of this mess, don’t look for any action.

[DON]

Prevost won’t do anything because it is not hurt by the existence of one counterfeit. Even the schmuck who buys it won’t be angry with Prevost when something breaks because he will immediately find out that it never was a Prevost. It costs a lot to sue for trademark infringement, and most companies will only do it to make a point and to scare off other would-be infringers. This is not that case. Plus, parody is a defense. Maybe putting Prevost badges on a plastic motorhome is a parody. If I put those same badges on a VW Microbus it’s plainly a parody. Where do you draw the line? Anyway, it’s not worth it to Prevost.

If some unsuspecting buyer buys this MoHo based on the misrepresentation that it is “built on a Prevost chassis,” he will likely win a fraud suit. He will have to prove the seller knew the representation was false and that buyer did not. Bubba on the video sounds like he might not actually know what it is built on or if it even has a chassis, but I’ll assume that any court will find that a dealer that “sells 500-600 motorhomes a year” as he claims should know that Prevost does not make motorhome chassis. So the defrauded buyer can sue to rescind the deal and get his money back in exchange for returning the coach, or he can sue for damages. The damages are the difference in value between what was represented and what was actually sold. It’s a hard calculation because there is no such thing as a Prevost motorhome chassis. Therefore it’s hard to compare the value of the represented vehilce against the same coach on a Gillig chassis, that this is apparently built on. By the way, Gillig seems to be a pretty competent bus builder if the longevity of the schoolbuses it makes is an indicator. Regardless, this seems to be a pretty nice MoHo, and maybe it is worth $299k. That’s what the seller will argue. So a buyer who is cheated might not come away with a very big verdict. The contract he signs will probably preclude attorney fees, so he’s out even that. He could win punitive damages though, and that should scare any sane seller not to pull this kind of stunt, as should the loss of reputation that comes from such a suit.

Yes, if a buyer gets duped the seller is probably guilty of criminal fraud of various types and other crimes, but proof of knowledge of the falsitiy of the respresention is much harder in a criminal case. It is rarely prosecuted unless the dollar amount is quite large. Plus, if we start prosecuting every vehicle dealer who makes a false representation in connection with a sale we will have to let all the murderers out of prison to make room for them. (No offense to the honest dealers on this site. I used to sell cars myself.)

The state agency that regulates motor vehicle dealers in Georga might be the best friend of anyone who wants to stop this apparent misrepresentaton. I have to believe that an inquiry letter from the state licensing agency would inspire some changes to the advertisement.