Lemon Law And Motorhomes: What's The Verdict?

Motorhomes are a significant investment, and it can be devastating when they turn out to be defective. Lemon laws are designed to protect consumers in such cases, but do they apply to motorhomes? The answer is yes, lemon laws can apply to motorhomes, but it depends on the state. While some states include motorhomes under general automotive lemon laws, others have separate laws for RVs. These laws outline specific criteria for a motorhome to be considered a lemon, such as unsuccessful repair attempts and safety issues. Additionally, the Magnuson-Moss Warranty Act, a federal law, offers protection for RV buyers across all states when manufacturers fail to honour their written warranties. Understanding the specific laws and regulations in your state is crucial when dealing with a defective motorhome. Consulting specialised RV lemon law attorneys can help motorhome owners navigate the complex legal landscape and safeguard their rights.

Lemon laws vary by state

Lemon laws were developed to assist consumers when a vehicle they purchased for essential travel develops defects that cannot be repaired or remedied to conform to the vehicle warranty.

Some states have separate lemon laws for RVs, while others include them under general automotive lemon laws. For example, Texas lemon law for RVs is part of its general lemon law, so all the requirements for normal vehicles apply to RVs.

In Alabama, lemon laws apply to new vehicles but not motorhomes or vehicles over 10,000 pounds. Colorado lemon laws also exclude motorhomes and motorcycles. In Delaware, lemon laws apply to new and leased vehicles but not motorhomes. Iowa's lemon law includes new and leased vehicles but they must weigh less than 15,000 pounds. Kentucky's lemon law applies to new and leased vehicles under 12,000 pounds.

The Magnuson-Moss Warranty Act of 1975 applies across America, so if your state's lemon law does not resolve your claim, you can pursue a legal claim under this federal statute, which provides financial relief to consumers stuck with defective vehicles.

The Magnuson-Moss Warranty Act

The Act does not mandate that products have warranties, but if a warranty is provided, it must comply with the Magnuson-Moss Act. This law defines key terms such as "consumer", "supplier", "warrantor", "consumer product", "written warranty", and "implied warranty". A "consumer" is a buyer of consumer goods for personal use, while a "supplier" is any person or entity that makes consumer products available to consumers. A "warrantor" is a supplier or other entity that offers a written warranty or has obligations under an implied warranty.

The Act also defines a "consumer product" as tangible personal property for sale, typically used for personal, family, or household purposes. This definition is determined on a case-by-case basis. A "written warranty", also called an express warranty, is a written promise from a supplier to a consumer, affirming that the product is defect-free or will meet certain performance standards over a specified time. An "implied warranty" is defined by state law, with the Magnuson-Moss Act providing limitations on disclaimers and remedies for their violation.

The Magnuson-Moss Act sets standards for full and limited warranties. A "full warranty" meets federal minimum standards, while a "limited warranty" falls short of these standards. A "multiple warranty" is a combination of the two. Full warranties must be designated as such and meet specific criteria, including no limitations on the duration of implied warranties, free warranty service for anyone who owns the product during the warranty period, and the option for consumers to choose a replacement or refund if the warrantor cannot repair the product after a reasonable number of attempts.

The Act also addresses service contracts, which are agreements for product service sold separately from the product. Service contracts differ from warranties as they do not affirm the quality or workmanship of a consumer product. The Act requires that the terms and conditions of service contracts be disclosed clearly and conspicuously in simple language.

The Magnuson-Moss Act provides consumers with access to remedies in the event of a breach of warranty. It encourages the use of alternative dispute resolution, such as mediation or arbitration, as a first step. Consumers can also take legal action, with the potential to recover reasonable costs and attorney fees if they prevail. The federal government can take injunctive action against suppliers or warrantors who fail to meet the Act's requirements.

Recent developments have enhanced the applicability of the Magnuson-Moss Act, such as clarifying that Internet-connected smart home devices are subject to its provisions. This ensures consumers can repair these devices independently or through third-party services without voiding warranties, supporting the "right to repair" movement. The Federal Trade Commission's commitment to adapting its enforcement of the Act ensures it remains relevant in the face of new technologies and manufacturer practices.

RV lemon law attorneys

RV lemon laws are designed to protect owners who have purchased a defective vehicle and offer legal recourse to seek compensation. These laws vary by state, so it's important to be familiar with the specific regulations in your jurisdiction.

While RV lemon laws offer protection to RV owners, not all types of RVs are covered under state lemon laws. For example, in Florida, the vehicle portion of an RV or motorhome is covered by the state lemon laws, but the living area is not. Trailers and campers that are attached to and towed by another vehicle may not count because they are considered living spaces only.

If your RV is covered under your state's lemon laws, you must allow the manufacturer a reasonable opportunity to correct the problem. This repair opportunity involves three or four repair attempts in many states, but the number of attempts can be as few as one or two where serious safety issues are the problem.

If the manufacturer refuses to honor the warranty and replace or refund your RV after repairs have failed, you may have legal recourse under either the Magnuson-Moss Warranty Act or your state's lemon laws.

• Extensive Knowledge: RV lemon law attorneys understand the intricacies of state and federal laws that protect RV owners. They can guide you through the legal process, ensuring your rights are upheld.
• Experienced Negotiators: Manufacturers and dealers will try to avoid losses, so you may have to go through a lengthy negotiation process. RV lemon law attorneys have the skills and experience to negotiate on your behalf and achieve a favorable resolution, such as a refund, replacement, or cash compensation.
• Expertise in the Magnuson-Moss Warranty Act: RV lemon law attorneys are well-versed in the Magnuson-Moss Warranty Act, which is a federal law that governs warranties on consumer products. They can evaluate whether your case falls within the scope of this Act and provide you with additional remedies and protections.
• Peace of Mind: Working with an RV lemon law attorney takes the burden off your shoulders. They handle the legal complexities, allowing you to focus on other important matters while ensuring your rights are protected.

If you believe your RV qualifies as a lemon, don't hesitate to consult an experienced RV lemon law attorney. They will guide you through the legal process, help you understand your rights, and assist you in filing your claim.

State-specific criteria for lemon laws

Lemon laws are state-specific, and while most states will have an RV lemon law, some states do not have lemon laws that protect certain RVs at all.

Lemon laws for each state will offer a solution or protection for those buyers of RVs who have purchased a “lemon” RV that is defective and continually failing repair attempts.

Alabama, Colorado, Connecticut, District of Columbia, Indiana, Iowa, Kentucky, Maryland, Massachusetts, Michigan, Nevada, North Dakota, Oregon, Pennsylvania, Rhode Island, South Dakota, and Tennessee

• You’ve made several attempts to repair your vehicle within a reasonable amount of time to complete them within the warranty, but they were unsuccessful.
• You’ve made at least 3 unsuccessful repair attempts, and the vehicle has been at least 30 business days out of service.
• You’ve made at least 4 unsuccessful repair attempts.
• 30 calendar days within less than 2 years or 24,000 miles.
• Applies only to the chassis of RVs under 10,000 lb.

Delaware, Louisiana, Missouri, Utah, and Wisconsin

• You’ve made at least 4 unsuccessful repair attempts, and the vehicle has been at least 30 business days out of service within less than one year or the warranty.
• Applies only to the chassis of RVs.
• You’ve made at least 4 unsuccessful repair attempts, and the vehicle has been at least 60 business days out of service within two years of delivery.

Arizona

• Only non-living areas of the RV are covered.
• You’ve made at least 4 unsuccessful repair attempts, and the vehicle has been at least 30 business days out of service within less than 24,000 miles or 2 years.

California

1 repair or 15 days out of service within less than 1 month or 12,000 miles.

Florida

• 1 unsuccessful repair of a serious safety defect in braking or steering system within less than 12 months or 12,000 miles.
• Applies only to the chassis of RVs under 10,000 lb.

Georgia

• You have made 1 unsuccessful repair attempt on a safety defect that could cause bodily harm.
• Your vehicle has been 30 business days out of service within less than 24 months or 24,000 miles.
• This only applies to RVs under 10,000 lb.

Illinois

• You’ve made at least 4 unsuccessful repair attempts.
• Your vehicle has been 30 business days out of service within less than 12 months or 12,000 miles.

Kansas

• You have made 10 total repairs within less than 12 months or the warranty period.
• This is only for chassis under 12,000 lb.

Minnesota

• You’ve made at least 3 Unsuccessful repair attempts (The same repair shop made at least 2 attempts).
• Your vehicle has been 15 business days out of service within less than warranty or 24 months or 18,000 miles.

Mississippi

• You’ve made at least 4 unsuccessful repair attempts.
• At least 1 unsuccessful repair was of total braking or steering loss that may result in death or serious bodily harm within less than 2 years of the warranty.
• This is only for chassis.

Montana

• You’ve made at least 3 unsuccessful repair attempts.
• Your vehicle has been 15 business days out of service within less than 1 year or warranty.
• This is only for chassis.

Nebraska

• You’ve made at least 4 unsuccessful repair attempts.
• Your vehicle has been 30 business days out of service within less than 1 year or warranty.
• It only applies to RVs under 10,000 lb.

New Hampshire

• You’ve made at least 4 Unsuccessful repair attempts within less than 24 months, 24,000 miles, or warranty.
• Your vehicle has been 20 business days out of service during any 12-month period of the warranty.
• It only applies to RVs under 10,000 lb.

New Jersey

• You’ve made at least 3 Unsuccessful repair attempts of the same defect.
• Your vehicle has been 30 calendar days out of service.
• There have been 8 total repairs of any defects.
• At least one repair was 1 unsuccessful repair of the problem that may result in death or serious bodily harm within 1 year or 18,000 miles.
• Except for facilities related to sleeping and eating.

New York

• You’ve made at least 4 Unsuccessful repair attempts.
• Your vehicle has been 45 calendar days out of service within less than 1 year or warranty.
• Applies only to the chassis of RVs under 10,000 lb.

North Carolina

• You’ve made at least 3 Unsuccessful repair attempts.
• Your vehicle has been 30 calendar days out of service within less than 1 year or 12,000 miles.
• Applies only to the chassis.

Ohio

• You’ve made at least 3 Unsuccessful repair attempts when at least the first repair was within warranty.
• Your vehicle has been 30 calendar days out of service within warranty.
• Applies only to the chassis.

Oklahoma

• You’ve made at least 3 Unsuccessful repair attempts.
• 1 repair attempt at a serious safety defect.
• Your vehicle has been 30 calendar days out of service within 18 months.
• Applies only to the chassis.

South Carolina

• You’ve made at least 4 Unsuccessful repair attempts.
• Your vehicle has been 30 calendar days out of service (15 during the warranty period).
• There have been at least 2 repairs of serious safety defects, first reported within the warranty term or 24 months or 24,000 miles.

Steps to take if you think you've bought a lemon

Lemon laws apply to motorhomes and RVs, but the laws vary from state to state. If you think you've bought a lemon motorhome, there are several steps you can take to protect yourself and try to get compensation. Here are some key steps to follow:

Understand Lemon Laws in Your State:

Familiarize yourself with the specific lemon laws in your state. These laws can vary, and some states may have separate lemon laws for motorhomes or RVs, while others include them under general automotive lemon laws. Understanding your rights as a consumer is crucial.

Document Everything:

Keep detailed records of all repairs, maintenance, and communication with the dealership or manufacturer. This documentation will serve as crucial evidence to support your claim. Save all correspondence, including emails, texts, letters, repair estimates, and work orders.

Consult a Lemon Law Attorney:

Seek legal advice from a qualified lemon law attorney, ideally one with experience in motorhome or RV lemon law cases. An attorney can assess your case, determine your options, and guide you through the legal process. They can also help you understand the specific requirements and limitations of the lemon laws in your state.

Act Promptly:

Don't delay in taking action if you suspect you have purchased a lemon motorhome. Addressing the issue early on will strengthen your case and expand your options for recourse.

Request a Replacement or Refund:

If your motorhome meets the criteria for a lemon, you may be entitled to a replacement vehicle or a full refund under lemon laws. Your attorney can assist you in negotiating with the manufacturer to achieve a fair resolution.

File a Formal Complaint:

If negotiations with the manufacturer fail to yield results, consider filing a formal complaint with the appropriate regulatory agency. This can escalate your case and pressure the manufacturer to take action.

Explore Alternative Resolutions:

In some cases, mediation or arbitration may offer a faster and less expensive solution than going to court. Your attorney can help you explore these options and choose the best course of action.

Stay Informed:

Keep yourself informed about any recalls or service bulletins related to your motorhome. This information can support your claim and highlight ongoing design or manufacturing issues.

Don't Give Up:

Dealing with a lemon motorhome can be discouraging, but persistence is important. Keep fighting for your rights and don't settle for anything less than the compensation you deserve.

Frequently asked questions