California RV Lemon Law

California RV Lemon Law

When you purchased your RV, you likely imagined many trips, exploring, relaxing, and perhaps enjoying much-needed time with your family. Maybe you envisioned camping at the lake or the beach or taking trips across the country to experience all America offers or visit family members. However, your expectations have fallen short due to multiple visits to the repair shop. Now you are disappointed and frustrated, not knowing what to do or whom you can turn to. The good news is that you have rights under the law.

Californians who purchase RVs, such as travel trailers and motor homes, are afforded several protections from both California state laws and federal statutes. To exercise these “lemon law” rights, RV owners typically must be able to show that they haven’t been able to use their RV as intended because it’s been in the repair shop a lot or out of service a significant amount of time that they have owned it.

At the Law Office of Michael S. Humphries, we help RV owners exercise their rights when it comes to lemon laws. Our experienced attorney can assess your potential claim, help you with the next steps, and obtain the compensation you deserve.

Laws that Benefit RV Lemon Owners

The Magnuson-Moss Warranty Act, 15 U.S.C. §2301 et seq. (“MMWA”) is a federal law that basically serves as a federal Lemon Law. It applies to all consumer product documented warranties, including motor vehicle and RV/motor home warranties. Sometimes, depending on the specific circumstances, the MMWA also incorporates state warranty law for implied warranties.

This statute protects non-motorized RVs, such as travel trailers, that wouldn’t typically be included in the state’s Lemon Law because it only applies to motor vehicles and the chassis of motor homes. The MMWA also helps motor homeowners receive total protection by providing a basis for compensation on the entire warranted product, not just its parts. Where there are chassis and living quarters defects in motor homes, the Lemon Law and MMWA can be leveraged to the advantage of the consumer. However, it’s essential to have an experienced Seal Beach lemon law attorney on your side who understands these laws and how to use them to protect RV consumers.

California’s Lemon Laws

California’s Lemon Laws, the Song-Beverly Consumer Warranty Act, and Tanner Consumer Protection Act cover the “motor vehicle” part of a motor home, including its chassis, chassis cab, and propulsion system. If a manufacturer fails to repair your motor home’s defects in a reasonable time or number of repair visits, they violate these Lemon Laws. In some situations, remedies for a Lemon Law violation can include a refund of the amount you paid or a repurchase.

California Commercial Code

Sometimes, RV motor home or travel trailer buyers have the right to revoke acceptance of the defective product and undo the purchase. In this way, they can get their money back. Usually, the RV buyer may revoke their acceptance if:

• A defect substantially impacts the value of the RV
• The buyer accepted the RV with the reasonable assumption that the defect would be reasonably fixed, and it hasn’t been done

Either way, acceptance revocation must happen within a reasonable time. As such, as soon as you notice repeated problems with your RV or the repeated inability of the repair shop to fix problems, it’s best to reach out to an Orange County Lemon Law attorney for help.

Do RV Lemon Owners Have to Go to Court?

Most Lemon Law claims can be resolved without going to court. Our firm can often obtain a successful outcome for consumers without the need to litigate the claim. Even still, if an RV lemon owner voluntarily decides they don’t want to accept a settlement and would rather go to court, attorney Michael S. Humphries isn’t afraid to stand up to RV manufacturers and will diligently and skillfully prosecute their claim.

But do keep in mind that the majority of RV Lemon Law claims don’t need to end up in court to obtain full and fair compensation. Our firm has a proven track record of success, and we exclusively practice consumer warranty laws. We have earned the respect of vehicle and RV manufacturers and dealerships, which helps us reach a settlement faster in your case.

When you hire Michael S. Humphries, he will assert your rights under both California and federal laws to obtain compensation for your claim. Contact the Law Office of Michael S. Humphries at 562-493-0289 or online for a no-obligation consultation.