RV and Motor Home Rights
Consumers that have purchased recreational vehicles such as motor homes and travel trailers are protected by a variety of California State and federal laws. The key in most cases is the severity of the repair history. If you have not been able to use your RV in the way you intended, feel that your RV has been to the repair shop too many times, or out of service too much time because of attempted repairs, the Consumer Rights Protection Center will analyze your concerns and help you obtain the compensation you deserve under the available laws.
The Magnuson-Moss Warranty Act, 15 U.S.C. §2301 et seq. (“MMWA”) is a federal law (basically a federal Lemon Law) that applies to all consumer product written warranties including Motor Vehicle and RV/Motor Home warranties. In some instances, the MMWA also incorporates State warranty law for implied warranties. The Statute protects non-motorized RV’s such as travel trailers that would normally not be included in the State Lemon Law, which applies only to motor vehicles and the chassis portion of motor homes. The MMWA also helps Motor Home buyers achieve complete protection of their product by providing a basis for compensation based on the entire warranted product. Where there are chassis and living quarters defects in Motor Homes both the Lemon Law and MMWA are used to aid consumers.
In California an RV/Motor Home warranty is breached under the MMWA if defect repairs are untimely, repetitive, or unreasonably numerous.
The main remedy for an RV/Motor Home limited warranty breach under the MMWA is diminution in value damages. Diminution in value means that a Motor Home was not worth what you paid for it at the time of purchase (the sales price) because of its defects. Basically, you should get money back from the RV manufacturer because you did not get the new RV value you paid for, but instead got the equivalent of a used worn-down RV that should have cost substantially less.
The California Lemon Law- The Song-Beverly Consumer Warranty Act and Tanner Consumer Protection Act
The California Lemon Law provides coverage for the “motor vehicle” part of you motor home i.e. its chassis, chassis cab, and propulsion system. The Law is violated when a manufacturer has failed to repair the defects in your motor home in a reasonable time or number of repair visits. The remedies for a Lemon Law violation may in some instances include a refund/repurchase.
The California Commercial Code
In some situations, the buyer of an RV motor home or travel trailer may be able to revoke acceptance of the defective product and undo the purchase to obtain his or her money back. Generally, the buyer may revoke his acceptance if: 1) there is a defect that substantially impairs its value of the RV; 2) the buyer accepted the RV with the reasonable assumption that the defect would be reasonably cured and it has not been seasonably cured; and 3) the revocation of acceptance must occur within a reasonable time.
The Consumer Rights Protection Center Can Help You Recover
We understand that navigating your way through these various laws can seem like a complicated process. With our 14+ years’ experience, we can help you determine the best manner in which to present your claim and begin the process of obtaining the relief you deserve.
You can make a claim and obtain relief and recovery without going to court.
Most claims are resolved by our Firm out of court and recovery is obtained for the consumer without the need for litigation.
If a consumer voluntarily decides to pursue litigation rather than accepting a settlement out of court, Mr. Ramirez, your California Lemon Law and warranty attorney is knowledgeable, experienced, and will prosecute your claim with diligence. Unlike other Firms that may not be interested or willing to litigate, Mr. Ramirez has successfully litigated cases and prevailed against manufacturers in court.
However, most claims do not need to go to litigation in order to obtain recovery and are resolved out of court. The resolution and recovery by our clients without having to go to court is facilitated by our diligence, proven record of success in court, and earned respect from manufacturers and dealerships. Additionally, we carefully analyze and vet claims; we do not offer our representation unless we reasonably believe that an RV claim is valid and will result in recovery for the consumer. Once representation for you a claim is accepted, we will assert your rights on your behalf and aggressively pursue a resolution for you. Your main responsibility during the out of court recovery process will be to confer with your attorney via phone or e-mail regarding settlement offers, which takes very little of your time.
RV owners can obtain recovery and receive the benefit of pre-litigation legal representation without paying out of pocket, as attorneys’ fees are paid via the settlement. In other words, the fees will be recovered from the manufacturer if there is a settlement; if there is no settlement you will not have to pay attorneys’ fees.
We have successfully resolved claims involving variety of manufactures, and can help if you have a defective RV from any of the following:
- Forrest River
- Country Coach
- Gulf Stream
- American Coach
- Any other manufacturer of recreational vehicles that provides a warranty