|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.|
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 consumer 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 that dealers only have a “reasonable opportunity” to repair the problems with the RV and by also assuring that the warranty meets certain federal disclosure requirements.
In fact, one of the Act's purposes is to ensure that 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 consumer is entitled to damages, which may include a refund, replacement vehicle, or monetary damages as compensation for the warrantor's failure to perform. Importantly, the Magnuson-Moss Warranty Act also allows consumers to recover their attorneys’ fees and costs for bringing a claim. This way, you can hire an attorney who can rely upon these “one-way” fee-shifting provisions of Federal law in order to be paid.
Notably, 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, the Act protects consumers from warrantors that fail to honor any obligation in their warranty. As such, even if the defects in your RV or other consumer product do not substantially impair your RV, federal law still may entitle you to relief as your warranty is a promise to repair all defects, not just ones that are substantial or significant in nature. Moreover, you do not have to provide warrantors with an unlimited opportunity to repair your RV. Courts have found warranty breaches to occur after as little as two or three unsuccessful repair attempts to a cure a particular defect.