Funtown RV Sued for Selling a Midland Woman a "Hopelessly Flawed Product"


SAN ANGELO, TX — A company selling RVs, or recreational vehicles, in San Angelo is the subject of a lawsuit filed at the Tom Green County courthouse. The defendants in the case, Funtown RV, located at 3560 US 67 North, will have a court hearing July 31 on whether or not the plaintiff, Midland resident Kara Stephan, can have her case heard by a jury.

The lawsuit filed May 31 claims Funtown RV and the RV’s manufacturer, Forest River, Inc., sold Ms. Stephan a pile of junk. She alleges 77 defects in her brand new, $80,000 2017 Cedar Creek Champagne RV Model 38ERK she bought from San Angelo’s Funtown RV location on May 19, 2017.

Among the defects, she alleges the water heater leaks, the hydraulic system does not function for the fifth-wheel’s landing gear and slide-outs, and the built-in wine cooler will not chill lower than 54 degrees F.

Ms. Stephan also alleges the one-year warranty she was told by the salesperson she would receive was unknowingly voided by her because she used the fifth-wheel as a permanent residence. She claims she told the Funtown RV sales person she intended to use the RV as her permanent home and the salesperson failed to warn her that would void the warranty.

Ms. Stephan alleges the salesperson’s actions were “bait and switch” tactics. Funtown RV’s lawyers replied that the salesperson was engaged only in “puffery” which is not a liability under Texas law.

Stephan’s lawsuit alleges that after attempting to gain a remedy from Funtown RV and the manufacturer, it became clear that she is expected to “accept a hopelessly flawed product.”

The hearing July 31 is for the defendants to argue Ms. Stephan is not entitled to a jury trial because in a two-page purchase agreement Stephan signed the day she bought the RV, a paragraph waiving her rights to a jury trial is located on page 2 and Stephan agreed to the waiver with her signature. It reads, Stephan “[h]ereby unconditionally waives all rights to a jury trial of any claim or cause of action based upon or arising out of directly or indirectly, this purchase agreement,” according to the motion to quash.

Whether or not Ms. Stephan gets a jury trial will be decided by Judge Ben Woodward.

Ms. Stephan claims $100,000 in damages plus attorneys fees. She also wants to be able to return what she declares was a defective RV and get a refund.

Ms. Stephan is represented by Houston attorney Perry Zively at the firm Chandler, Mathis, and Zively, P.C. Her local attorney is Guy Choate at Webb, Stokes, and Sparks of San Angelo. The plaintiffs retained Houston-based attorney Craig Dillard of Foley and Lardner.

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Seems like Funtown may possibly be selling crap and covering their assets with "puffery". These types of sales tactics are typical of vehicle dealers that are only concerned with screwing over the public for every penny they can weasel out of them. Good ole Funtown needs to be de-puffed and run out of town. Hopefully, they'll choose an RV that can make it out of town!

Isn't that the correct temperature to chill wine? At lease red wine?

Be careful out there people, READ THE fine PRINT.

So it is supposed to be OK to buy an $80,000 vehicle and sign away your consumer rights to sue by jury trial ? I know of a place Funtown can park their RVs, but they may not like it because there is no sunshine.

What type of deal is that? - I will sell you this RV, but if you have to sue me you cant have a jury. That would be my first warning

Shhhh, Mon, 07/23/2018 - 17:09

The finance guy sells and represents the warranty, not the salesman...just sayin'

All employees whose office is in their place of business represent the business...likewise, if one employee is dishonest he/she represents all other employees. and the business. This is true if it's a subcontractor or anyone else affiliated who sells anything on behalf of the business, or wears the logo on his/her shirt. This is certainly the case at FunTown RV. The probability is zero that anyone purchasing an RV and warranty, who completes all the paperwork with the "finance guy" wouldn't associate him with the business. No one, at any time, during my experience with them indicated otherwise. If a salesman can call the loan company for loan approval or denial, then the "finance guy" should be equally accountable for brushing over, or neglecting to include details. This company counts on their customer's trust. They rely on the belief that if they are friendly and gain your trust during the initial showing that their customers will trust them when they take possession of the RV. This is unethical behavior in any business.

Shhhh, Mon, 07/23/2018 - 17:15

Why isn't she suing the manufacturer? The dealership doesn't make the RVs.

This dealership represents to worst of business. My transaction with them is absolutely the most unethical sales experience I have had. I hope Fun Town is held responsible. The service, whether on the phone or in person was horrible. This is an open letter I posted on their Facebook page after finding out they used my photo to represent a satisfied customer, it was posted on a rip-off website as well:

I am shocked that Fun Town RV had the audacity to use my photo to represent them. I am, in no way, a satisfied customer. My feelings are exactly the opposite. Every step of this process has been terrible and I have expressed this to them on more than one occasion. Since they thought it was fitting to use my photo to promote their business, I would like to share my experience.
In February, I agreed to purchase a used RV from Paulie. During the sales-pitch I was assured the RV would be cleaned inside and out and that a mechanical inspection would occur before I took possession of the trailer. This is also part of the sales contract. It reads, “…does a thorough pre-delivery inspection on ALL pre-owned units. If, in the course of the inspection we find repair issues that pertain to essential RV components we will repair them…”. Later on the same page it reads, “…we will wash and clean the RV inside and out….we are happy to make other repairs and install additional accessories at an additional cost.”
I first attempted to take possession of the RV on February 16th. No one knew I was coming, despite making arrangement weeks in advance. The salesman had not looked at the RV to make sure it was ready to be picked up. The inside of the RV was absolutely filthy with dirt caked on the windows and floors, carpet not vacuumed, and pieces of the RV in interior closets. Rudy attempted to do the walk through with me, which was less than through. When I commented on how horribly dirty the trailer was he asked me, as if I was asking something that wasn’t supposed to happen, if I wanted it cleaned. In addition, there were several screens laying on the bunks, and pieces of the bedroom air conditioner in a closet. He had no idea those things were there until I pointed them out. When I asked for the screens to be installed he looked at them and said he didn’t know where they went. He then said if I came back after lunch to pick up the trailer it would give the cleaning crew time to detail the trailer. When I returned after lunch Rudy was nowhere to be found, and yet again no one knew I was coming. One of the women who work in the office showed me the trailer. While a vacuum had been run in the main cabin, that was it. The trailer was still filthy and the screens still not installed. I called Paulie and made an appointment (now my third) to take possession of the trailer the next morning. When I showed up, no one knew I was coming and nothing had been done to the trailer.
Two other employees from service did a walk through with me out of the goodness of their hearts. They installed the screens in less than three minutes (evidently it was too much for Rudy). We also looked closer and found the bunk mattresses to be covered in mouse feces. They both commented that the trailer was incredibly dirty. We removed the mattresses. I purchased a warranty when I bought the trailer, so, despite my better judgement and partially due to my frustration I took possession of the trailer believing that it was mechanically sound and only needed a thorough cleaning.
I pulled it to my house and spent the next few weeks scrubbing it, shampooing the carpet, cleaning out everything. Here is a partial list of what I found during the cleaning process:
• Mouse feces all over
• Used baby wipes which were out of sight – complete with what I assume was baby feces
• Baby socks
• Used tissues
• More pieces of the trailer stuck in various hard to see places
• Mold under the awning
• Dirty clothes in the small cabinet next to the bed
• Black water tank was full
• Grey water tank was full

Nevertheless, I cleaned the trailer and got it ready to travel. I did not have it hooked up to external electricity or water, and did not run the air conditioner.

When I attempted to bring in one of the slides for the first time since leaving their lot it failed. This was on a Sunday, so I left messages with the salesman. I did not receive a response on Monday so I called again. I was transferred, cut-off, and called again. The service department told me to call the warranty company.

When I called the warranty company (seven weeks after I paid $2,000 for the warranty) they had no record of my trailer. Fun Town RV had not sent the paperwork and money to them. I was livid to say the least. I financed the trailer and warranty, I was paying interest on the money that was supposed protect my purchase….and they were the ones earning interest.

The next day I called again, and got the same run-around. No one knew what was going on, that I had called, why I did not have a warranty, etc. I was told someone would call me later that day, they did not. I tried again….and again, the same horrible communication, lack of knowledge, and what I figured out was unwillingness of the people I spoke with to get out of their chair and find someone who knew what was happening.

Wednesday, I went to their place of business. I was approached by someone in the lobby and with customers present. In a loud voice, I explained in great detail the condition of the trailer, including mouse and baby feces, that I was supposed to have a warranty buy did not (and no one could tell me why), and what happened with the slide. Amazingly, people showed up to help…

They had to finagle the repair to get the warranty to pay for it. I still had to pay the deductible. It took them a week longer than they said, and within their own service department various people had no idea what was happening (the lack of communication within this business is astounding). Wes, who I believe is in charge of the service department did make a house call to get the slide in so I could take it to their service area. This is the one and only act of genuine concern for the customer I experienced. Without exception, every other promise, word, etc. was a lie.

After the warranty was in place I decided I would never again use this business. Here is a list of repairs I have dealt with since parking at the RV park and using the water and electricity:

• Main cabin A/C failure after less than 48 hours of operation. The repairman for this said there was no chance someone could look at the motor he pulled (he showed me) and think it would work for any amount of time.
• Multiple high-volume water leaks. I have replaced a ton of plumbing fittings.
• Toilet runs, causing flooding
• I continue to find mold and mildew in various places, including under the trailer
• Roof leaks – old repairs had failed (very old repairs, certainly not part of their essential inspection)
• Sky light cover was smashed
• Antenna will not extend
• Grey water tank valve is stuck open
• Grey water sensor reads ¾ full no matter what
• Condensation from main cabin A/C does not run off the roof – it flows through the rear air duct and drains through the rear A/C vents into the main cabin at a rate of almost two gallons per day
This has been the single worst purchase I have experienced. This is the most self-serving business with which I have been associated. After sharing my experience with other customers, campground owners, and even a former employee, I have found that this is the standard for customer care. These guys are “players”. Meaning they act like they have your best interest in mind, make promises they have no intention of keeping, and that their genuine interest in customer satisfaction doesn’t exist. There is no system of checks or quality control. People in one office to do communicate with the person in the next office.
Quotes from various people include the following:
When asking Rudy about how filthy the trailer and why he couldn’t install the window screens he said “well, it is a used trailer”.
When expressing my dissatisfaction to the Paulie (salesman) about the filthy condition of the trailer he said that they do a lot of things I can’t see…..clearly this was not the case. My response was, why would I believe you’re doing the stuff I can’t see when you’re not doing the things I can see?
In regards to the warranty they told me the warranty company only has one person that processes their orders…..later we found out they had not sent the order to the company after seven weeks.
When asked why I couldn’t get a straight answer, or why my calls weren’t returned after several attempts they made excuses about the phone system, said they did not receive the messages, or thought someone else was taking care of it.
These examples could go on and on, and I’m sure I’m leaving out dozens of minor repairs I’ve made. It is sufficient to say that my recommendation it to not use this company, not believe anything they say, and under no circumstances give them your money. It doesn’t matter how far you have to drive, go somewhere else.
Again, this is the single worst purchase experience of my life. Words cannot express how incredibly dissatisfied I am with Fun Town RV of San Angelo.

Since writing this letter I have had nothing but problems. At least the warranty company is holding up their end. Of course, the repairs have long since exceeded the cost of the warranty. Currently, I have a stack of repairs to get to, and will be leaving it with the repair guys I trust in San Angelo.

I'd be happy to sign on to a class action lawsuit. I am not exaggerating when I state that every aspect of this transition was terrible.

Maurice Kelley, sounds like the joke is on you...... If that were my trailer, I'd go get me a campsite, hook all the utilities up, set out a bag of frozen french fries on the cabinet, pour a bottle of cooking oil into a pan, turn the burner on high under the oil and then go for a long - LONG walk............. By the time you come back, the fire department should be packing up and raking through the remains on the ground to make sure all embers are out. Then go call your insurance company, file a claim and live happily ever after............

Yeppers, Ding-bat once again demonstrates the appropriateness of his handle. Not to forget, firemen die and get injured responding to all kinds of fires. Arson is no "joke" to them....or the fire marshal.
A fine upstanding citizen indeed....

We purchased a CargoMate (made by Forest River) utility trailer in another city & then took it on a long trip. The aluminum sides vibrated so much that several screws broke off & the aluminum skin cracked & started to peel back. I contacted the dealer where we purchased the trailer & they suggested getting it serviced under warranty nearby at Fun Town RV. I called them, set up the time to bring the trailer in & I also contacted Forest River in Waco. They said they would work with Fun Town for the repairs because they had some brittle aluminum & bad screws that had caused the initial problem. Weeks went by & no word from Fun Town. I called several times & no one seemed to know anything & the person I had met with was on vacation. I had also left numerous voicemails. I got a call a few days later saying my trailer was fixed. When I went to pick it up, there was a big dent in the top molding that holds the roof to the sides & there was caulking smeared over the cracked metal. It looked as if a child had tried to repair it. I asked why they didn’t work with Forest River & they said the guy never called them back. I refused the trailer & called Forest River the next business day. They said Fun Town never contacted them! By this time we were furious & I threatened to take them to court for not honoring their warranty. The Plant Manager called me & offered to come get our trailer & fix it right at the Waco factory. They used much better bonded metal & installed brakes. They fixed the trailer correctly & delivered it back to me. I wouldn’t let Fun Town work on a skateboard! They are the biggest ripoff in the Concho Valley. I’m very thankful I never purchased anything from them.

Shhhh, Tue, 07/24/2018 - 17:24

Sounds like Mr. Kelley bought a used RV, not a new one. I agree it should have been cleaned, but come on, these things are meant to be a glorified tent upgrade. If you want a really nice ne, you have to spend 200k or more. I'm curious how much Mr. Kelley's purchase price was...ya get what you pay for.

I remember reading an article a while back involving an online retailer who required an agreement to be digitally signed stating that the customer could not make a negative review against the retailer or there would be consequences. It went on to read that a fine was to be paid if the consumer did make such a review. These idiots actually charged their customer's credit cards $1,000's of dollars for breaching the "no-bad reviews" agreement. The backlash from the internet community closed that retailer for good. I doubt that will happen to Fun Town. They're the biggest and the baddest in the retail RV biz selling 1,000's of vehicles every month. Though this story lends to the unexplained reasons they convince so many would be and unwitting RV'ers to buy into their mantra of lowest prices and greatest service. Neither is true. It's propaganda folks. No telling how many lawsuits they've been in and lost before adding this ridiculous and unconstitutional clause to their purchase contract.

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