Rv Lemon Law: What's The Deal?

Purchasing an RV is a significant investment, and buyers expect the vehicle to be free of defects. However, RVs can sometimes have faults, and lemon laws are in place to protect consumers in such cases. Lemon laws are statutes designed to protect consumers from faulty products, and while there is a federal lemon law, each state also has its own lemon law. These laws outline consumer protections and compensation entitlements for vehicle purchasers. This article will explore whether lemon laws apply to RVs and outline the varying protections offered by different states.

RV Lemon Laws by State

Lemon laws are United States state laws that provide a remedy for purchasers of cars and other consumer goods to compensate for products that repeatedly fail to meet standards of quality and performance. While there is a federal lemon law that covers most consumer products, each state has its own lemon law, too.

RV lemon laws differ by state and by the type of RV you have. Whether yours is non-motorized or a motorhome will affect how the lemon laws can protect you.

• Alabama, Colorado, Connecticut, District of Columbia, Indiana, Iowa, Kentucky, Maryland, Massachusetts, Michigan, Nevada, North Dakota, Oregon, Pennsylvania, Rhode Island, and South Dakota: Require 3-4 unsuccessful repair attempts within the warranty period.
• Alaska, Illinois, Maine, Mississippi, Montana, New York, Nebraska, New Jersey, South Carolina, Vermont, Virginia, Washington, and West Virginia: Require 3-4 unsuccessful repair attempts and a certain number of days out of service.
• Arizona, Arkansas, California, Delaware, Louisiana, Missouri, Utah, Wisconsin, Georgia, Hawaii, New Hampshire, New Mexico, North Carolina, Oklahoma, and Wyoming: Require 3-4 unsuccessful repair attempts, a certain number of days out of service, and the RV must be under a certain weight.
• Idaho, Minnesota, and Ohio: Require 3-4 unsuccessful repair attempts, a certain number of days out of service, and must be under a certain weight. In addition, the unsuccessful repair attempts must cause, or be likely to cause, serious bodily harm.
• Arkansas, California, Delaware, Louisiana, Missouri, Utah, Wisconsin, Georgia, Hawaii, Idaho, Kansas, Minnesota, Mississippi, Montana, New York, New Jersey, South Carolina, Vermont, Virginia, Washington, and West Virginia: Only the chassis is covered by lemon laws in these states.
• Connecticut and Texas: These are the only two states that clearly include towable RVs in their lemon laws.

If your state does not have an RV lemon law, or your RV does not qualify under your state's lemon law, you may still be able to pursue compensation under the Magnuson-Moss Warranty Act, a federal law that requires companies to honor their warranties.

What Qualifies as an RV?

The definition of an RV varies from state to state, so it's important to check with your local DMV before making a purchase. Generally, an RV is a motor vehicle or trailer that includes living quarters designed for accommodation. They can be either trailers that are towed by vehicles or vehicles that drive themselves.

RVs can be categorized into two main types: motorized and towable. Motorized RVs are further categorized according to their class: Class A, B, C, or Super C. Class A motorhomes are the standard template for modern RVs, usually equipped with six wheels and a full cab. They tend to be the most expensive, with some models selling for over $1 million. Class B motorhomes often resemble vans, while Class C motorhomes look more like trucks. The Super C class is similar in design to the Class C but utilizes the same type of engine as 18-wheelers.

Towable RVs provide a more affordable way to experience the RV lifestyle. Examples include fifth wheels, folding camping trailers (also known as tent trailers or pop-ups), towable travel trailers, and truck campers. Fifth wheels tend to be more expensive, while folding camping trailers and truck campers are less expensive options. Towable travel trailers come in a range of sizes and prices, from compact sleeping options to larger trailers with more amenities.

In addition to these main categories, there are also sport utility RVs (toy haulers), which have a living space in the front and a cargo area in the back for hauling recreational vehicles or equipment.

When determining what qualifies as an RV, it's important to note that not all types of RVs are covered under state lemon laws. Some states only include the chassis portion of motorized RVs in their lemon laws, excluding the living quarters. Others may not include motorized RVs at all, or they may have specific weight restrictions for coverage. Therefore, it's crucial to understand the specific definitions and coverage provided by your state's lemon laws before pursuing any legal action.

Lemon Law Requirements

Lemon laws are designed to protect consumers from faulty products. While there is a federal Lemon Law that covers most consumer products, each state in the US also has its own Lemon Law to define consumer protections for vehicles.

In order to qualify for a replacement or repurchase from the manufacturer, your RV has to meet certain requirements to be considered a "lemon". These requirements include a certain number of repair attempts or a certain number of days out of service. For example, in Florida, an RV must have had at least three repair attempts on the same defect or fifteen total days out of service for repairs.

The first step is to consult your owner's manual and any warranty information you have. This documentation can help you determine what is covered under the warranty and which manufacturer is responsible. When you take your RV in for repairs, make sure it is to a service agent that can represent the manufacturer. The service agent must provide you with written documentation detailing the repairs done.

The next step is to notify the manufacturer of the nonconformity. Depending on your state, there may be an official Defect Notification Form that you need to send to the manufacturer. In Florida, this form is available on the Attorney General's website. It is recommended to send the notification to all manufacturers involved via express or registered mail. The manufacturer will then have 10 days to respond.

Once the manufacturer has been notified, they have the opportunity to attempt final repairs. For an RV, the total amount of time the vehicle must be out of service to qualify as a lemon is 60 days. If the manufacturer's final repair fails to fix the problem, then it is considered a lemon.

If your RV does not qualify under your state's lemon laws, you may still be able to seek relief under the Magnuson-Moss Warranty Act, which requires companies to honour their warranties and ensure their products meet a certain standard of quality.

Manufacturer Repair Attempts

The lemon laws in some states only cover specific components of an RV, such as the chassis and engine, while others provide more comprehensive coverage. Notably, a few states have lemon laws that include motorized RVs in full, but these are relatively rare.

It's important to understand that lemon laws are designed to protect consumers who have purchased defective motor vehicles. As a result, some types of RVs, such as trailers and campers that are towed, may not be covered under these laws.

Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act is a federal law in the United States that governs warranties on consumer products. The Act was enacted in 1975 to address problems arising from manufacturers' unfair or misleading use of disclaimers on warranties. It is designed to protect consumers by ensuring that warranties are more easily understood and enforced, and to empower the Federal Trade Commission to better protect consumers.

The Act does not require any product to have a warranty, but if a warranty is provided, it must comply with the Magnuson-Moss Act. This law applies to "consumer products", which are generally defined as any tangible personal property for sale that is normally used for personal, family, or household purposes. A "consumer" is a buyer of such goods for personal use, while a "supplier" is any person or entity that makes these consumer products available to consumers.

The Magnuson-Moss Act provides clear definitions and requirements for different types of warranties:

• Written Warranty (or Express Warranty): This is a written promise made by the supplier to the consumer, stating that the product is free from defects and will meet certain performance standards over a specified time.
• Implied Warranty: This is defined by state law, and the Magnuson-Moss Act provides limitations on disclaimers and remedies for their violation.
• Full Warranty: This type of warranty meets the federal minimum standards and must be clearly designated as such. It offers comprehensive coverage, including free warranty service to anyone who owns the product during the warranty period. If the product cannot be repaired after a reasonable number of attempts, the consumer can choose between a replacement or a full refund.
• Limited Warranty: This type of warranty does not meet the federal minimum standards and must be designated as "limited." It may have restrictions, such as limiting the duration of implied warranties or requiring the use of specific parts or services to maintain the warranty.
• Multiple Warranty: This is a combination of full and limited warranties, with certain parts or periods covered differently.
• Service Contract: This is an optional agreement purchased separately by the consumer, providing additional protection beyond the warranty. Service contracts do not affirm the quality or workmanship of the product but offer maintenance or repair services for a fixed period.

The Magnuson-Moss Act also includes provisions to protect consumers from deceptive or misleading warranty terms and practices. It enables consumers to take warranty disputes to court more easily and encourages companies to use informal dispute resolution mechanisms to settle these disputes without litigation.

In summary, the Magnuson-Moss Warranty Act ensures that consumers have access to detailed information about warranty coverage and strengthens their rights when dealing with consumer product warranties. It provides clear definitions, sets standards for warranties, and offers remedies in cases of breach of warranty.

Frequently asked questions