Lemon Law RV
Lemon RV Case Review - Submit your Lemon RV information
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If you are the proud owner of a recreational vehicle or RV, you are certainly familiar
with the fun and flexibility that these “homes on wheels” have to offer. Purchasing
or leasing an RV can require a large investment , so if you are having any sort
of trouble with your RV, you should know that some of the same lemon laws that offer
you protection for your car, truck, van or consumer product, also apply to your
RV! You could be entitled to a new RV or your money back, if you have taken your
RV into the dealer, or repair shop repeatedly and the problems can not seem to be
fixed.
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WHAT DOES THE LAW COVER?
The “federal lemon law” covers your RV. Do not be dissuaded by your dealer, or others
telling you your RV’s problems are too small to be of any consequence. As you know,
little problems can add up, causing your RV to spend many days in the repair shop.
The Magnuson-Moss Warranty Act is a federal law that provides protection to buyers
of products that cost $25 or more and come with a written warranty. This law applies
to any product you buy that does not perform as it should, including mobile homes
and travel trailers. The Magnuson-Moss statute gives consumers considerable rights
in dealing with manufacturers of lemon recreational vehicles by guaranteeing minimum
repair performance requirements and also by providing for disclosure of warranties
before purchase.
One of the Act's purposes is to ensure repairs are performed within a reasonable
period of time. If a product is covered by a written warranty, and any part of the
product (or the product itself) is defective and cannot be fixed after a reasonable
opportunity, the warrantor must permit the buyer either a refund or replacement
or provide the buyer with monetary damages as compensation for the warrantor's failure
to perform.
Both major and minor defects and conditions are covered under the Act. For example,
although defects or conditions that diminish your ability to use the RV as intended
are almost certainly actionable, a number of relatively minor defects whose cumulative
total adds up to a substantial impairment may also entitle you to monetary relief.
Courts have found warranty breaches to occur after as little as two or three unsuccessful
repair attempts to a cure a particular defect and where there have been six to eight
repairs to the product as a whole.
A consumer may pursue legal action in any court of general jurisdiction in the United
States to enforce his rights under the Magnuson-Moss Act. Attorney's fees based
on actual time spent will be covered if the consumer prevails. This particular condition
puts quite a bit of financial pressure on the manufacturer to settle consumer disputes
with minimal court involvement.
WHAT SHOULD I DO IF I THINK MY RV IS A LEMON?
Make certain you keep good records of all actions you take to your problem, including
repair orders to date, the bill of sale, warranty information, manufacturer supplied
manuals that came with your motor home. Document all phone calls in writing. A “paper
trail” can be used to back up your claim, and will provide confirmation of all repair
attempts and the total amount of time your RV has spent out of service.
It is best to contact an attorney who can advise you on how to proceed should you
suspect your RV might be a lemon. If you submit your lemon RV information via the
form on this website, we will review it at no cost to you.
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