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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.
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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