Motorhomes and other Recreational Vehicles (RV’s) suffer many of the same defects as passenger vehicles. Fortunately for California consumers, many of the same protections afforded to vehicles and other consumer goods also apply to RV’s. If your RV has suffered through an unreasonable number of repairs, remains unfixed, or has not lived up to your family’s expectations, give our expert lemon law attorneys a call for a free consultation.
Your Rights Under RV Lemon Law
An RV is oftentimes a very significant purchase and significant investment. Families purchase RV’s hoping for years of reliable and enjoyable ownership and all too often find that their RV is plagued by defects. Unfortunately, oftentimes in spite of the manufacturer’s warranty, dealerships are unable to correct RV issues to bring them into conformance with the manufacturer’s promises. For instance, RV’s can suffer from leaks, plumbing, and electrical issues, defective slide outs, generator issues, engine and powertrain issues, and a myriad of other problems. At that point, consumers are left wondering what remedies are available to them and if California’s lemon law covers Recreational Vehicles?
Fortunately, the manufacturer’s warranty that accompanies an RV is covered by the lemon law similar to how a vehicle’s warranty is covered. Oftentimes, RV’s are delivered with multiple warranties covering different aspects of the vehicle. For instance, the coach portion of the RV is often warranted by the RV manufacturer while the chassis and powertrain portion may be warranted by a different manufacturer. An expert lemon law attorney can help you understand your RV’s warranty coverage your legal rights under the Song-Beverly Act.
A Landmark Case
In the seminal RV lemon law case, Nat’l R.V., Inc. v. Foreman, 34 Cal. App. 4th 1072, 1074, 40 Cal. Rptr. 2d 672, 673 (1995) the court considered the issue whether the coach portion of a motorhome is subject to the provisions of the Song–Beverly Consumer Warranty Act (Civ.Code,2 § 1790 et seq.). In that case, the Foremans had purchased a 1990 Dolphin motorhome from 10,000 R.V. Sales for approximately $56,000. The coach portion of the RV was warranted by National RV and the chassis was warranted by General Motors. Within days of purchase, the RV began suffering from issues, including a dead battery. From there, things grew worse and, altogether, the Foremans claimed 25 separate manufacturing defects with the RV.
National RV, supported by the Recreational Vehicle Industry Association, argued to the court that the Song-Beverly Act should not apply to the coach portion of the vehicle. The court found that different portions of the RV were covered by different aspects of the Song-Beverly Act. First, the court concluded that the chassis portion of the motorhome fell within the definition of a “new motor vehicle” and was therefore covered by the lemon law (Civil Code § 1793.2(d)(2)). The court went on to consider whether the RV coach was considered a “consumer good” as defined by CC § 1791, subd. (a), “any new product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, except for clothing and consumables….”. The court conducted a detailed analysis of the legislative history of the Song-Beverly Act and concluded that, motorhome coaches “clearly are ‘consumer goods’ within the meaning of the Act and are subject to the general application provisions of the Act, such as section 1793.2, subdivision (d)(1).”
Contact Our RV Lemon Law Attorney
In short, your Motorhome or RV is covered under California’s strong lemon laws! If your recreational vehicle has been subject to an unreasonable number of repair attempts, has suffered an excessive number of days down, or is no longer reliable, please give us a call today for expert assistance at no cost to you: (833) LEMON-FIRM or fill out the contact form.
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