Michele1377 Posted June 1, 2011 Report Share Posted June 1, 2011 Hello - I have been reading these boards for a few weeks. I purchased a hot tub from a dealer at one of those "spa shows". Unfortunately, I did not do sufficient homework and the more I thought about it the more I became uncomfortable with my purchase. So I contacted the dealer to try to canel the order but it was 10 days after the purchase and he will not cancel. I asked him to please provide me with customer references so that I can verify his company. At first he said he would, now he says that he will not because he doesn't want to subject his costomers to my "hostility". I have/had no intention of being hostile to anyone, I just wanted to verify that the dealer would stand behind the purchase as he said he would. Now I am even more uncomfortable with my purchase. So I would like to know how I can find out about this dealer. Can anyone in this forum point me in the right direction. The dealer keeps pressuring me to take delivery, but my gut tells me that the minute I do that is the last I will hear from him. Thanks in advance, Michele Quote Link to comment Share on other sites More sharing options...
bdubya200 Posted June 1, 2011 Report Share Posted June 1, 2011 For sure dont take delivery. Are there any policies he can point you to re: cancelling orders or restocking fees? Also, how did you pay for the spa? Please say ' credit card.' If you did, its quite easy to just dipute the charge and let him fight with the Credit Card company. Its all going to come down to what you did or didnt sign I guess. That being said, it may be fair to expect some sort of penalty for cancellation. Im glad you realized before taking delivery that you dont want to have the tub/relationship with this guy, but you not doing all of the homework before buying isnt exactly his fault. I most certainly wouldnt expect for you to be on the hook for the entire purchase, but I wouldnt think it totally unfair to expect a cancellation fee or a restock fee of some sort. This is just my opinion. Perhaps some other people can weigh in and help you out. Good luck and please let us know how it goes. Quote Link to comment Share on other sites More sharing options...
Michele1377 Posted June 1, 2011 Author Report Share Posted June 1, 2011 For sure dont take delivery. Are there any policies he can point you to re: cancelling orders or restocking fees? Also, how did you pay for the spa? Please say ' credit card.' If you did, its quite easy to just dipute the charge and let him fight with the Credit Card company. Its all going to come down to what you did or didnt sign I guess. That being said, it may be fair to expect some sort of penalty for cancellation. Im glad you realized before taking delivery that you dont want to have the tub/relationship with this guy, but you not doing all of the homework before buying isnt exactly his fault. I most certainly wouldnt expect for you to be on the hook for the entire purchase, but I wouldnt think it totally unfair to expect a cancellation fee or a restock fee of some sort. This is just my opinion. Perhaps some other people can weigh in and help you out. Good luck and please let us know how it goes. I would have no problem paying a restocking fee, if it gets me out of the contract. I paid in full with a credit card. I already contacted the credit card company to initiate the dispute, but I am not sure if this is possible since it boils down to I changed my mind. I paid in full - I don't quite think they should be able to keep 10% of the full price though. I am just very uneasy about the purchase, I wanted to deal with the dealer in my community, but my husband was looking for the "best deal" he could get and he wanted to go with the "show" spa. So we did and then we started to regret it. We had 3 days to cancel the order, but I didn't really think that any of this was illegitamate until I tried to contact the dealer and realized that the only access was to his cell phone, there was no "busineess" listing. uggghhh! I just want this nightmare to end! Quote Link to comment Share on other sites More sharing options...
bdubya200 Posted June 1, 2011 Report Share Posted June 1, 2011 Did you get a copy of the contract, and if so, what does the return/restock policy say? Id still say let the CC company fight it, if they are willing. Quote Link to comment Share on other sites More sharing options...
Michele1377 Posted June 1, 2011 Author Report Share Posted June 1, 2011 Did you get a copy of the contract, and if so, what does the return/restock policy say? Id still say let the CC company fight it, if they are willing. It says that I had 3 days to cancel and after that all sales are final. Does that mean that I have absolutely no recourse? The CC company said that I could dispute it, but if the company was willing to deliver the merchandise they weren't sure what I wanted to dispute. I think I have created a real problem for myself, but at the same time, I don't understand why they just won't let me cancel the order and move on - they can keep a restocking fee, and sell the tub to someone else, you know? Michele Quote Link to comment Share on other sites More sharing options...
PreservedSwine Posted June 1, 2011 Report Share Posted June 1, 2011 In what state are did you make the purchase? Is his business in the same state? If you can determine what state, and what county, you can find a plethora of information via the county's tax collectors web site. Quote Link to comment Share on other sites More sharing options...
arf1410 Posted June 1, 2011 Report Share Posted June 1, 2011 I hate to be the spoil sport here, but I'm not sure what your LEGAL grounds are to get out of this deal? Assuming you have read all the fine print in the contract, by your own admissionm, you have no contractual escape clause. Next step would be to check with the State Attorney General's office / website to see if there are any special ways out. Assuming not, what are your grounds for disputing a credit card purchase, and winning the dispute? What is the fraud you are claiming? Unless there are unusual laws in your state, companies are not required to take returns on merchandise, and you acknowledge you saw the "all sales final" clause. Is it worth investing in 30 minutes of an attorney's time? Assuming this is some random sales guy with no reputation to protect what is his incentive to give you your money back? He is likely making a profit of 20%-50% of what you paid, and I doubt he would let you back out for any less than that. How much did you pay and for what? Do you actually want a spa, and if "yes" is what you purchased that bad, or just over priced? Quote Link to comment Share on other sites More sharing options...
Michele1377 Posted June 1, 2011 Author Report Share Posted June 1, 2011 I hate to be the spoil sport here, but I'm not sure what your LEGAL grounds are to get out of this deal? Assuming you have read all the fine print in the contract, by your own admissionm, you have no contractual escape clause. Next step would be to check with the State Attorney General's office / website to see if there are any special ways out. Assuming not, what are your grounds for disputing a credit card purchase, and winning the dispute? What is the fraud you are claiming? Unless there are unusual laws in your state, companies are not required to take returns on merchandise, and you acknowledge you saw the "all sales final" clause. Is it worth investing in 30 minutes of an attorney's time? Assuming this is some random sales guy with no reputation to protect what is his incentive to give you your money back? He is likely making a profit of 20%-50% of what you paid, and I doubt he would let you back out for any less than that. How much did you pay and for what? Do you actually want a spa, and if "yes" is what you purchased that bad, or just over priced? Not saying I have any legal recourse, in fact I really don't think I do. I just wanted to know if I had any options and hoping that someone might have had a similar experience to share. I am sure he has no incentive to refund any of my money, other than standing behind his "promises" that were all verbal and I was persuaded to believe - I do not know if what I bought was all bad, in fact, I never had anything to compare it to, so how would I even know good vs bad? The bottom line is that I became scared that if there was a problem with the tub, which I never saw operated and was sold "as is" that I was going to part with $7700 for an outdoor bathtub, know what I mean? And I didn't see the all sales final clause until about a week after I bought the tub - I never said that I did due diligence, but come on, if he is making a 20% - 50% profit off of me, why not just keep a restock fee and sell the tub to someone else for the same markup? I would think that would be more of a legitamate business practice. I did contact the Attny Gen office in both NJ and PA since the business is listed with a PA address and a NJ cell phone number as the contact. Soomething about the business stinks and I just want to get out of it, no harm no foul, just sell the tub to someone else. Quote Link to comment Share on other sites More sharing options...
Michele1377 Posted June 1, 2011 Author Report Share Posted June 1, 2011 In what state are did you make the purchase? Is his business in the same state? If you can determine what state, and what county, you can find a plethora of information via the county's tax collectors web site. Thanks, I'll try that - tub was purchased in NJ and business is in PA. I will check it out Michele Quote Link to comment Share on other sites More sharing options...
Roger Posted June 2, 2011 Report Share Posted June 2, 2011 In what state are did you make the purchase? Is his business in the same state? If you can determine what state, and what county, you can find a plethora of information via the county's tax collectors web site. Thanks, I'll try that - tub was purchased in NJ and business is in PA. I will check it out Michele Can I ask what brand? Quote Link to comment Share on other sites More sharing options...
DK117 Posted June 2, 2011 Report Share Posted June 2, 2011 In what state are did you make the purchase? Is his business in the same state? If you can determine what state, and what county, you can find a plethora of information via the county's tax collectors web site. Thanks, I'll try that - tub was purchased in NJ and business is in PA. I will check it out Michele Can I ask what brand? I assume we already know ... Quote Link to comment Share on other sites More sharing options...
Michele1377 Posted June 2, 2011 Author Report Share Posted June 2, 2011 In what state are did you make the purchase? Is his business in the same state? If you can determine what state, and what county, you can find a plethora of information via the county's tax collectors web site. Thanks, I'll try that - tub was purchased in NJ and business is in PA. I will check it out Michele Can I ask what brand? I assume we already know ... Master Spa I really was roped in and I think I am stuck with it - so do I just take delivery and get on with my life? Michele Quote Link to comment Share on other sites More sharing options...
spatech (the unreal one) Posted June 2, 2011 Report Share Posted June 2, 2011 In what state are did you make the purchase? Is his business in the same state? If you can determine what state, and what county, you can find a plethora of information via the county's tax collectors web site. Thanks, I'll try that - tub was purchased in NJ and business is in PA. I will check it out Michele Can I ask what brand? I assume we already know ... Master Spa I really was roped in and I think I am stuck with it - so do I just take delivery and get on with my life? Michele Not if they truly misrepresented themselves in a manner you can explain to the CC company. If thats the case fight it, worse thing that can happen is you end up stuck with them if they do not side with you. Knowing how Master's traveling circus works I don't doubt they talked out of both sides of their mouths to you but do you have anything tangible you can point to or is it just the feeling of being slimed that they're so well known for? Quote Link to comment Share on other sites More sharing options...
belome Posted June 2, 2011 Report Share Posted June 2, 2011 Who cares if you 'never see him again'... The person selling the spa doesn't need to be the one to handle warranty claims right? Assuming the spa comes delivered as purchased why not just keep it? Quote Link to comment Share on other sites More sharing options...
arf1410 Posted June 2, 2011 Report Share Posted June 2, 2011 Assuming you want a spa in the general sense, I basically agree with Belome above. Why not hope for the best. In the event that you have problems during the period covered by the warranty, and it is not properly supported, then you would have grounds for a credit card dispute. I recently successfully disputed a purchase from a major electronics store when I was unable to get a good repair done under warranty (after three tries), so I tried to return the product, store said "sorry, charlie, past 30 days". Disputed with my CC, won the dispute for a 100% refund, then sold product "as is" on craigslist for a nice profit... If you simply don't want any spa, and assuming the spa has not yet left the factory on a truck, you just need to decide how much you are willing to spend to get out of the deal. The sales guy almost certainly has a price. Maybe offer him $1000 to cancel, and negotiate up to whatever limit you are willing to pay to escape. Quote Link to comment Share on other sites More sharing options...
THE SPA GUY Posted June 2, 2011 Report Share Posted June 2, 2011 I agree with the comments on here on this issue,, Unfortunately this almost has a "We tried to tell you so" theme on the forum, Most of us on here have seen this before, we try to worn the problems with the traveling shows...I would think you can still get out of it. Make it clear you are not getting the direct answers on the dealer "they are saying is the provider here" . Hope you have success in the cancelling of the order. Quote Link to comment Share on other sites More sharing options...
bdubya200 Posted June 2, 2011 Report Share Posted June 2, 2011 I agree with the comments on here on this issue,, Unfortunately this almost has a "We tried to tell you so" theme on the forum, Most of us on here have seen this before, we try to worn the problems with the traveling shows...I would think you can still get out of it. Make it clear you are not getting the direct answers on the dealer "they are saying is the provider here" . Hope you have success in the cancelling of the order. Unfortunately, she signed the contract with the return/cancel terms on it, and admittedly didnt read what she was signing. Hate to say it, but I dont see how thats Master's fault. Quote Link to comment Share on other sites More sharing options...
THE SPA GUY Posted June 2, 2011 Report Share Posted June 2, 2011 bdubya200, your right that the did not read the fine print of the contract, But i have seen it before ,, were the customer went back on got there money back ieven this late in the game... But the biggest point i was trying to make,(we tried telling them) with facts about the shows.....And your right it is not Master fault....That is why i said i agreed with a lot of the responses on the thread,,, Quote Link to comment Share on other sites More sharing options...
bdubya200 Posted June 2, 2011 Report Share Posted June 2, 2011 bdubya200, your right that the did not read the fine print of the contract, But i have seen it before ,, were the customer went back on got there money back ieven this late in the game... But the biggest point i was trying to make,(we tried telling them) with facts about the shows.....And your right it is not Master fault....That is why i said i agreed with a lot of the responses on the thread,,, Fair enough. I just was trying to prevent this from turning into a ' Master is the devil " thread, when , sorry to the original poster, it seems like a case of impulse buying and not doing homework, and then not reading what you are signing and being stuck with a purchase you dont feel great about. Quote Link to comment Share on other sites More sharing options...
spatech (the unreal one) Posted June 2, 2011 Report Share Posted June 2, 2011 bdubya200, your right that the did not read the fine print of the contract, But i have seen it before ,, were the customer went back on got there money back ieven this late in the game... But the biggest point i was trying to make,(we tried telling them) with facts about the shows.....And your right it is not Master fault....That is why i said i agreed with a lot of the responses on the thread,,, A lot of dealers would bend on this because they really don't want to shove it down the throat of someone who just plain wants out but when you buy from a Master show they're not going to flinch at a customer who wants out. She only has recourse with her CC company if they were misleading or untruthful in what they presented to her (which isn't far-fetched with those scammers) but is there anything tangible for her to point to? Quote Link to comment Share on other sites More sharing options...
Michele1377 Posted June 2, 2011 Author Report Share Posted June 2, 2011 bdubya200, your right that the did not read the fine print of the contract, But i have seen it before ,, were the customer went back on got there money back ieven this late in the game... But the biggest point i was trying to make,(we tried telling them) with facts about the shows.....And your right it is not Master fault....That is why i said i agreed with a lot of the responses on the thread,,, A lot of dealers would bend on this because they really don't want to shove it down the throat of someone who just plain wants out but when you buy from a Master show they're not going to flinch at a customer who wants out. She only has recourse with her CC company if they were misleading or untruthful in what they presented to her (which isn't far-fetched with those scammers) but is there anything tangible for her to point to? I do believe they are trying to misrepresent what they sold me. When I was on the phone with the PA Attny Gen office today they asked for the serial number on the tub I bought. Guess what - not on the contract. Nor is the box that says "new order" checked off. So did I buy a new tub or a floor model. I believed I bought the floor model. So then I realize - if I don't know the serial number of the floor model (there is an explicit box on the contract that says "Floor model serial number" that is not filled in) how do I know if the tub they plan on sennding me is the one I agreed to purchase? This is such a mess! I am continuing my attempt to dispute the charge, and now that I feel that they were even more dishonest, I am committed to sticking it out to the fullest extent that I can. Thanks to all who are trying to give me advice, I truly apprectiate it. Michele Quote Link to comment Share on other sites More sharing options...
bdubya200 Posted June 2, 2011 Report Share Posted June 2, 2011 Best of luck to you. Hopefully, it wont be an expensive ( Money, not time) lesson. Quote Link to comment Share on other sites More sharing options...
Michele1377 Posted June 2, 2011 Author Report Share Posted June 2, 2011 In what state are did you make the purchase? Is his business in the same state? If you can determine what state, and what county, you can find a plethora of information via the county's tax collectors web site. Thanks, I'll try that - tub was purchased in NJ and business is in PA. I will check it out Michele Can I ask what brand? I assume we already know ... Master Spa I really was roped in and I think I am stuck with it - so do I just take delivery and get on with my life? Michele Not if they truly misrepresented themselves in a manner you can explain to the CC company. If thats the case fight it, worse thing that can happen is you end up stuck with them if they do not side with you. Knowing how Master's traveling circus works I don't doubt they talked out of both sides of their mouths to you but do you have anything tangible you can point to or is it just the feeling of being slimed that they're so well known for? I do think I have something tangible in the fact that they never wrote the serial number of the floor model I supposedly purchased on the contract and I think that they were trying to bait and swtich me. Michele Quote Link to comment Share on other sites More sharing options...
Michele1377 Posted June 2, 2011 Author Report Share Posted June 2, 2011 bdubya200, your right that the did not read the fine print of the contract, But i have seen it before ,, were the customer went back on got there money back ieven this late in the game... But the biggest point i was trying to make,(we tried telling them) with facts about the shows.....And your right it is not Master fault....That is why i said i agreed with a lot of the responses on the thread,,, And I appreciate your imput - But I would like to clarify something. I have no problem or beef with Master Spas themselves. My problem is with the dealer who sold me a spa, who misrepresented the services he provided, and is now unwilling to communicate with me. Master may be a great company, a great spa and a great bargain for all I know - but East Coast Spas has some explaining to do if I am going to accept delivery of a tub I bought at a show when I have no idea if it is the same tub they are bringing to me. There is a difference between this being a problem with Master and a problem with a dealer. I have no problem with Master because I have never even been in one of their tubs. Michele Quote Link to comment Share on other sites More sharing options...
Michele1377 Posted June 2, 2011 Author Report Share Posted June 2, 2011 Who cares if you 'never see him again'... The person selling the spa doesn't need to be the one to handle warranty claims right? Assuming the spa comes delivered as purchased why not just keep it? THe person selling the spa assured me that they would be the people service for the spa if there were any problems and assist with end of season closing etc. No one else in my area is willing to service the spa. If I have to take delivery I will be coming on the boards to ask people who to take care of it, lol! Michele Quote Link to comment Share on other sites More sharing options...
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