RV Lemon Law vs. Lemon Law for Cars: Is There a Difference?

California is considered one of the leading states for RV ownership, while Los Angeles is the nation’s top city for new RV sales. But if you’ve bought a new recreational vehicle (RV) in California that has unresolved issues that cannot be fixed, you could be stuck with an RV lemon.

The good news is that if your RV dealership has failed to correct warranty-covered problems that keep you from traveling in your RV or motorhome, you may be able to demand that the manufacturer refund the money you’ve spent on the faulty vehicle.

There are certain differences between how California’s Lemon Law applies to RVs vs. cars, but it still provides strong protections for consumers stuck with faulty RVs and motorhomes. At The Barry Law Firm, our legal practice is focused exclusively on Lemon Law cases. We are dedicated to helping California consumers with their RV and motorhome problems.

If your repeated attempts to have a problem covered by your RV’s warranty repaired have failed, The Barry Law Firm can help you pursue a Lemon Law claim in California at no charge to you. Let our aggressive legal advocates help you demand the money you have spent on a faulty RV, motorhome, trailer, or camper. Contact us today for an initial legal consultation.

California’s Lemon Law for Recreational Vehicles

California’s Lemon Law defines when an RV is considered a lemon and provides protection for buyers. An RV lemon has one or more problems that substantially impair its use, value, or safety and is covered by the manufacturer’s original warranty. If the manufacturer has failed to resolve the issue after a reasonable number of attempts, the owner or lessee may demand a refund of the vehicle’s purchase price plus related losses.

What is considered a reasonable number of repairs under California Lemon Law can vary from case to case. Two or more attempts to fix the problem are typically considered reasonable for defects posing significant danger. If the problem is less severe, manufacturers may be entitled to more than two attempts. In certain circumstances, a vehicle may automatically qualify as a lemon if it is out of service for an inordinate amount of time.

The law says it covers new motor vehicles, which includes “the chassis, chassis cab, and that portion of a motor home devoted to its propulsion, but does not include any portion designed, used, or maintained primarily for human habitation.” The statute says further, “‘Motor home’ means a vehicular unit built on, or permanently attached to, a self-propelled motor vehicle chassis, chassis cab, or van…”

While the Lemon Law portion specifically for motor vehicles does not apply to towable trailers or the “habitation area” of a motorhome, the broader California Lemon Law covers written warranties for all types of consumer goods, including trailers and the living areas of motorhomes. The federal Magnuson-Moss Warranty Act also applies to all written warranties for consumer products, including trailers and other nonmotorized RVs.

Differences Between Lemon Law for Cars and RV Lemon Law in California

The primary difference between RV or camper Lemon Law cases in California and claims over faulty passenger vehicles is that multiple manufacturers may have made your RV, whereas a single maker typically produces cars and trucks.

For example, Lippert Components, Inc. (aka, LCI or Lippert) provides a variety of products and services to the RV industry, including:

• Metal fabrication (chassis)
• Hydraulic systems (slide-outs and lifts)
• Electronics
• Glass
• Laminated panels
• Furniture
• Mattresses

Norco Industries’ BAL RV Products Group manufactures RV trailer frames, chassis components, roof bows, slide-outs, leveling/stabilizing jacks, tongue jacks, and wheel chocks. Its ADNIK subsidiary manufactures and supplies seating systems for the RV industry.

Your RV’s various appliances, components, and features may have warranties issued by their manufacturers. This means you must determine what has caused your RV’s unrepairable defect and who made it to know what manufacturer may be held accountable. Depending on what part of your RV is affected, you may have to meet different requirements before filing a claim.

If you are working with The Barry Law Firm, we can refer you to certified RV technicians we regularly consult to examine and diagnose problems with your recreational vehicle and identify the manufacturer(s) obligated to you. From there, we can work to obtain the legal relief you are due under state and federal law.

Common RV Defects Covered by Lemon Law

Defects we typically help RV owners file Lemon Law claims for include:

• Automotive failures, including problems with transmissions, drivetrains, steering systems, and braking systems
• Electrical system failures, including problems in automotive systems (battery, alternator, starter, fuses, circuit breakers, or wiring), lighting, refrigerators, slide-outs, awnings, lifts, levelers, heating/AC systems, entertainment systems, and exterior cameras
• Water system and plumbing failures, such as leaks and faulty pumps
• Hydraulic system failures in slide-outs, awnings, lifts, or levelers
• Frame defects, including roof, window, and side panel leaks, collapsing, or warping
• Chassis defects, including cracks and corrosion
• Flawed fit and finish in cabinetry, woodworking, flooring, countertops, windows, or doors
• Defective appliances, such as fridges and stoves

Remedies Available for a Lemon RV

An RV owner or lessee may pursue a Lemon Law claim in California if their RV has a defect covered by the manufacturer’s original warranty that diminishes its usability, safety, or value. Under the Lemon Law, a manufacturer who has failed after a reasonable number of attempts to repair a warranty-covered RV, motorhome, travel trailer, or camper may be required to compensate the RV owner or lessee for their costs in a “buyback.”

In most cases, we seek to have the manufacturer repurchase the defective RV and pay the consumer’s additional costs of dealing with the RV and its problems. A buyback gives you the option of buying a different RV or to opt out of the RV lifestyle without losing money.

A buyback should cover your:

• Down payment, monthly loan or lease payments already made, and the remaining balance of the loan
• Taxes and fees, including sales or use tax and license and registration fees
• Incidental costs, such as money paid for repair attempts, towing, rental car, and other alternative transportation costs
• Attorney’s fees

California law allows the manufacturer to deduct a “usage fee” or “mileage offset” from money reimbursed for a faulty RV’s purchase price. It is based on the miles driven before the first attempt to have work done on the problem that led to the Lemon Law claim.

What to Do If Your RV Is a Lemon

If you have purchased an RV that has turned out to be a lemon, take these steps to safeguard your rights and strengthen your claim:

• Review your warranty. To file a California Lemon Law claim, the manufacturer’s original warranty must cover the issue you have been unable to repair. Usually, your RV will have a manufacturer’s warranty, as well as warranties specific to its appliances and other components. Even if the applicable warranty has expired, you may file a claim if the problems started during the warranty period.
• Keep your paperwork. Save documents related to your RV and your attempts to have it repaired. A claim will require information from or copies of your registration, purchase documents, warranty, repair orders and invoices, and any communications you have had with a dealership or manufacturer about the RV’s problems.
• Record other costs related to your RV’s failures. If you have had your vehicle towed because of its defects, had to rent a replacement vehicle, or suffered other costs due to your RV’s failures, we can help you try to recover those costs. It is best to document these costs with receipts or debit or credit card records.
• Consult a California RV and motorhome Lemon Law lawyer. An attorney from The Barry Law Firm can review your warranty(s), explain how the California Lemon Law may apply to your case, and help you build a claim to demand your money back. Our experienced team will work to negotiate a settlement for you or take a strong case to court for you, if necessary.

Contact an Experienced RV Lemon Law Attorney in California

If you have bought or leased a camper, trailer, motorhome, or other kind of recreational vehicle that has problems under warranty which have defied multiple repair attempts, The Barry Law Firm is ready to pursue a Lemon Law claim for you. We are California’s premier Lemon Law attorneys, and we have an outstanding track record of recovering maximum compensation for RV owners like you.

California’s Lemon Law requires the manufacturer to pay attorneys’ fees in a successful claim. And at The Barry Law Firm we will never bill you for our legal services, no matter the outcome. Contact The Barry Law Firm to schedule your fast and free consultation today.