Durnell's RV Sales Inc. v. Beckler

226 N.E.3d 362

DURNELL’S RV SALES INC., Plaintiff/Appellee,

v.Lisa BECKLER, et al., Defendants/Appellants,andDavid Durnell, et al., Third-Party Defendants/Appellees.

CASE NO. 8-22-40

Court of Appeals of Ohio, Third District, Logan County.

Date of Decision: October 2, 2023

Appeal from Logan County Common Pleas Court, Trial Court No. CV 20 06 0135.

Michael T. Cox, for Appellants.

Terrence G. Stolly, Bellefontaine, for Appellees.

OPINION

WILLAMOWSKI, J.

{¶1} Defendants-appellants Lisa and Martin Beckler (collectively "the Becklers") appeal the judgment of the Logan County Court of Common Pleas, arguing that the trial court erred in granting summary judgment in this case. For the reasons set forth below, the judgment of the trial court is affirmed.

Facts and Procedural History

{¶2} David Durnell ("Durnell") is a part owner of Durnell’s RV Sales, Inc., doing business as RV Wholesalers ("RVW"). In 2019, Lisa Beckler ("Lisa") and Martin Beckler ("Martin") were seeking to acquire a recreational vehicle and found a type of camper that they were interested in purchasing. Lisa described what happened next as follows:

We had found a camper we liked, I believe it was in the Youngstown area, and we were looking, making a final decision on what one we wanted to purchase.

And on—I’m on numerous pages on Face book, camping pages, and I had seen somebody post that RVW would beat any price, any quote you brought them. So I had messaged them saying we have this camper, you know, are you able to order it? What would be the cost?

(Lisa Depo. 10). She affirmed that the reason she reached out to RVW "was based upon the price of the unit" and that no "other factors steered [them] * * * toward RV Wholesalers[.]" (Id. at 11).

{¶3} In response, RVW indicated that it could procure such a camper and offered the Becklers a Wildwood FSX recreational vehicle at a price of $11,898.00. The initial price of this unit was $15,898.00, but RVW gave the Becklers an allowance that reduced the price by $4,000.00. On April 29, 2019, Lisa signed a "Purchase Order/Purchase Agreement" for a 2020 Wildwood FSX recreational vehicle that included the following provision:

When taking delivery at your destination, we encourage a complete inspection of your new unit at the time of delivery—as only the damage that is noted at time of delivery will be the responsibility of RVW. Items reported after will fall under the manufacturers warranty.

* * *

Understand that the warranty is through the manufacturer of the RV. RVW will aid in facilitating the manufacturers warranty but in no way should or will this imply that any part of the RV is warranted by RV Wholesalers or Durnell’s RV Sales Inc. Sign below showing I understand the warranty is throughthe factory and that RV Wholesales will help me get the warranty covered to the best of their ability, but that they are not responsible for the ‘manufacturers limited warrant’ in any way.

(Doc. 136, Ex. N). Forest River, Inc. ("Forest River") was the manufacturer of the unit that the Becklers purchased from RVW. Since the Becklers lived several hours away from RVW’s place of business, they opted to have RVW deliver the recreational vehicle to their house rather than pick it up at RVW.

{¶4} On April 29, 2019, Lisa also tendered a deposit of $1,000.00 to RVW. The associated paperwork stated that the deposit "obligates Durnell’s RV Sales Inc. to refrain for a period of one day from offering for sale to any other customer the recreational vehicle to which this deposit relates." (Doc. 136, Ex. N). This paperwork further explained that "[a] deposit of $1,000.00 is required for any purchase of a new unit with our company." Id.

{¶5} On May 16, 2019, Martin completed a set of documents that finalized the purchase of the recreational vehicle from RVW. As part of this process, Martin signed a document entitled "Disputes Addendum" on May 16, 2019. Section Three of the Disputes Addendum reads as follows:

Prohibited Actions and Liquidated Damages. You, the Customer, expressly agree to not make any libelous, false or misleading comments, remarks or communications regarding RVW. You, the Customer, expressly agree that breach of this term shall result in substantial economic damage to RVW in the form of lost business, for which damages will be difficult to accurately calculate. You, the Customer, expressly agree that in the event You breach this term, RVW shall be entitled to Five Thousand Dollars ($5,000.00), not as a penalty, but as liquidated damages per breach, immediate injunctive relief, all costs and reasonable attorney fees, and any other relief to which RVW may be entitled at law or in equity. This provision shall be interpreted so as to comply with all applicable federal and state laws, including without limitation, the ‘Consumer Review Fairness Act of 2016.’

(Doc. 136, Ex. 8). Martin also signed several other documents at this time, including a waiver of the offer to purchase several additional items from RVW; a Declaration of Warranty and Service Cooperation; and a document that explained RVW’s Buckeye Service Guarantee.

{¶6} On May 17, 2019, the recreational vehicle was delivered to the Becklers’ home. Shortly thereafter, Lisa noticed a sticker that indicated the recreational vehicle had been manufactured in February. She later testified that this sticker made her wonder whether she had received a Wildwood FSX recreational vehicle with a 2020 model year or one with a 2019 model year. She also noticed a scratch on the refrigerator door; an issue with a set of blinds; a scratch on the screen door; and a tear in the linoleum. This tear was apparently caused by a slide piece that was scraping against the floor.

{¶7} On May 17, 2019, Lisa sent an email to RVW that read, in its relevant part, as follows: "the manufacture date on this is Feb. wasn’t this just made? There are some scratches on the fridge, wall, and inside door." (Lisa Depo. Ex. 1). Around this time, the Becklers decided to make several modifications to their recreational vehicle. These modifications included adding curtains to the bunkbeds and hanging several shelves. On May 29, 2019, RVW responded to Lisa, asking for her to email pictures of the issues that she had mentioned.

{¶8} Shortly after the delivery of the vehicle, an RVW employee, Trevor Watt ("Watt"), was working on obtaining a title for the Becklers’ recreational vehicle. Once he received the vehicle identification number ("VIN"), Watt noticed that their recreational vehicle had a 2019 model year rather than a 2020 model year. Watt then attempted to call the Becklers to notify them of this discrepancy but was unable to reach them. He and the Becklers ended up "play[ing] phone tag" for a time. (Watt Depo. 16).

{¶9} After several attempts to contact RVW staff, Lisa made an online post about this situation that came to Durnell’s attention. On June 5, 2019, Durnell contacted Lisa via text message, indicating that he would work to resolve this issue. He also asked her to take down the online post. Lisa agreed to remove the post but informed Durnell that she believed their recreational vehicle was a 2019 model rather than a 2020 model. Durnell stated that, if she had received a 2019 model, then this was likely because "the factory filled your order with an existing old coach * * *." (Doc. 136, Ex. 8). He stated that, "i[f] that is the case and it is a 2019, we will make them give you a new unit." Id. Lisa inquired into whether they had received a used recreational vehicle. In response, Durnell explained that RVW does not "buy display units" or "buybacks." Id. Rather, RVW bought "[o]nly brand new" vehicles. Id.

{¶10} Lisa told him that they had already altered the recreational vehicle for their use. Durnell then contacted the manufacturer and was able to confirm that the Becklers had received a 2019 model. He also reported that the manufacturer was not willing to take the recreational vehicle back because of the alterations that the Becklers had made. Durnell admitted that it was "[n]ot fair to think you are getting [a] 2020 and be handed a 2019." (Doc. 136, Ex. 8). He also indicated that the difference in price between a 2019 model and a 2020 model was $1,500.00.

{¶11} Durnell then said that RVW would give the Becklers $1,500.00 if they chose to retain their 2019 model or would give them a new 2020 model if they wanted to return their 2019 model to RVW. In response to this offer, Lisa stated the following:

So taking the 2020 we just get what we were originally suppose[d] to get but lose money on all our time [a]nd effort and things we have attached and set up for the camper? We used vacation time getting it all set up and lots of other time. He’s [Martin] just suppose[d] to go back and spend twice as much taking everything apart and unscrewing everything and then have to start all over?

(Doc. 136, Ex. 8). Lisa later reiterated this point, saying:

So if you give us new how does that help other than giving us what we were suppose[d] to get originally? That is what we bought. It’s doing nothing to say sorry for the time you have lost and will now lose getting everything ready again. We * * * work and have kids in sports. We literally spent hours/days getting it all ready. And if we take the $1500 it just is what we were suppose[d] to pay. Doesn’t fix scratches and broken blinds.

Id. In response, Durnell stated that he would ask the manufacturer to give them $500.00 in addition to the $1,500.00 that had already offered to the Becklers if they chose to keep the 2019 model. However, after the manufacturer refused to pay this amount, Durnell told Lisa that RVW would give them "a full $2,000 * * *[.]" Id. Lisa replied, "Ok. I guess the $2,000.00 is fine." Id.

{¶12} On June 7, 2019, Durnell contacted Lisa and stated that RVW sent out the check and title to the vehicle. On June 11, 2019, Lisa confirmed receipt of these items. Two weeks later, Lisa messaged Durnell about the warranty issues. She had already mentioned a scratch on...