Everything You Need to Know About Lemon Laws for RVs

Lemon laws for RVs can help protect the consumer. Purchasing a recreational vehicle or motorhome is a big investment. And it’s becoming more popular - sales of new RVs have been increasing more than 15% annually since 2016. Whether your use is going to be strictly recreational, or if your new RV is going to be your home for a while, you’re still set up to be strongly affected by any defects or malfunctions in its structure or operation.

You’ve probably heard or read horror stories about purchasers of lemon RVs who have dealt with everything from leaky roofs to recalled engines. The very design of recreational vehicles provides a breeding ground for defects.

In addition to the actual vehicle that is hauling the living unit around, modern RVs are home to nearly all the systems that a home possesses. Plumbing, electrical and climate control are part of the package. In addition, there are appliances, plumbing fixtures, and other furnishings that can develop problems.

In short, a defective RV can turn into a big, expensive mess. What kind of protection do you have, as the purchaser of a new RV? What do you need to know to get help with your big yellow lemon of a motor home? Read on to find out.

Related Read: Find the right RV repair service

What to do when you think your RV is a lemon
There is a list of factors that you need to take into consideration when you think your RV is faulty, and then you need to respond to them appropriately. These factors are:
Keep your documentation in order

The key to proving that your RV may be subject to Lemon Law protection is showing there has been a repeated issue with attempting repairs for the same defect(s). The exact laws will vary from state to state. When you believe that an issue is developing, be sure to document everything that relates to the repairs: correspondence, receipts, copies of warranties, etc.

Don’t procrastinate

Lemon laws are often limited by time and mileage. Don’t take too long to seek assistance with your RV problem, or be put off by the dealer. When the problem starts to repeat itself, get in touch with the dealer, and begin your documentation. Pay careful attention to the mileage, if applicable, and the date of the process.

Know your rights in your state

State lemon laws will vary. If you are living full time in your RV, you’ll need to establish a legal residence in one state. This is known as your state of domicile, and it can affect the outcome of your lemon law claim.

There are no standard requirements on the state level. All states require at least 3 unsuccessful repairs - but the time frame for performing those repairs can vary widely. Minnesota requires 4 unsuccessful repair attempt of a total breaking or steering loss. Mileage requirements are widely varied. Locate the laws for your state to determine your level of protection.

Related Read: RV Full-Timing Tips: Setting up Residency when you have no Fixed Address

Understand the federal level protections

Not all states will provide coverage for the parts of your RV that are used for accommodation. In this case, your issue may come under the federal level Lemon Law - also known as the Magnuson-Moss Warranty Act.

Enacted in 1975, this hallmark of consumer protection applies to both express and implied warranties. Your product issues may fall under federal jurisdiction. If it appears that your issues have been dealt with across more than one state, or if your state does not offer adequate protection, you may need legal assistance to help untangle the process.

What can go wrong with getting your lemon RV repaired?

This is a sobering thing to consider. When you’ve had to cancel vacations, have found yourself stranded while your RV is in the shop, have had to deal with unlivable conditions, and possibly put your health at risk, it’s reasonable to think that the dealer or manufacturer will put things right- repairing or even replacing the unit in question.

Don’t assume that they’ll be so helpful. Here are some of the pitfalls that you may have to endure, as they attempt to avoid responsibility for your lemon.

Reasons that the dealer can use to claim that you’re at fault - not them:

• The issue is due to normal wear and tear

• The problem is due to misuse of the vehicle or caused by an accident

• The problem is not a “material defect” and doesn’t affect the use or safety of your vehicle

• You have not reached the number of repair attempts that are required in your state

• You have not reached the time limit for days that your RV has spent the shop

• The issue has been caused by a lack of maintenance.

This is why careful documentation is important. Even if you feel, at the outset, that the dealer is trying to make things right and remedy the problem, don’t fall into a false sense of security. A lemon is a lemon because of repeated issues and repair fails. Just because it’s your first trip back to the dealer for repairs, don’t assume that it will be the last. Keep careful records -this could be crucial to maintaining your consumer rights.

You may need legal representation to resolve the issue

As you’ve seen, the ins and outs of state lemon laws, federal regulations, individual dealer and manufacturer warranties, and other details can quickly turn into a complicated ordeal. If you’ve had repairs done in different states over a period of time, and purchased the vehicle in one state while establishing your domicile in another, you may need to examine your options on where the case should be handled. The states involved may have quite a variance in what their Lemon Law requirements entail.

Warranties and sales agreements may be lengthy, multiple page documents that need a trained eye for their review. To add to the complexity of a claim, if a defect caused bodily harm, the issues involved should be reviewed by a good personal injury attorney. RV Lemon Law issues can snowball rapidly. Don’t let them get away from you - ask for assistance.

Conclusion

With the ever-growing popularity of RV life, it’s inevitable that the number of purchases that will eventually involve the Lemon Law will also increase. It’s important to avoid any hesitation in documenting and pursuing repairs - and to be prepared for the possible resistance tactics you can encounter from an unscrupulous dealer. With the variance in state Lemon Laws, it’s also a good idea to be thorough in your own research, and to consult a qualified attorney at the first hint of any trouble or complications. Life’s too short to miss out on your quality time out on the road, headed for your next adventure.

Scott Distasio is an auto accident attorney in Tampa. His firm focuses on all types of personal injury cases and holds the responsibility to provide clients with outstanding service in high regard. To see what legal wisdom he shares next, follow @scottdistasio on Twitter.