Motorhomes and RVs
The Magnuson-Moss Warranty Act, 15 U.S.C. §2301 et seq. (“MMWA”) is a federal law (basically a federal Lemon Law) that applies to all consumer product written warranties (including Motor Vehicle and RV/Motor Home warranties).
In some instances, the MMWA incorporates State warranty law for limited written warranties and implied warranties. For a majority of States across the nation, an RV/Motor Home warranty is breached under the MMWA if defect repairs are untimely, repetitive, or unreasonably numerous.
The main remedy for an RV/Motor Home limited warranty breach relating to the living quarters of the Motor Home is diminution in value damages instead of a refund or replacement (the remedies for a Lemon Law violation which only applies to the chassis portion of the Motor Home; in some instances rescission, i.e., a refund/repurchase may be possible). Diminution of value means that a Motor Home was not worth what was paid for it at the time of purchase (the sales price) because of its defects.
Basically, you should get some of your money back from the RV manufacturer because you did not get the new RV value you paid for, but instead got the equivalent of a used worn down RV that should have cost substantially less. This same principle applies to MMWA car cases, i.e., you did not receive the new car value you paid for and should be reimbursed the difference by the car company that made your vehicle.
Fortunately, a majority of RV/Motor Home and Motor Vehicle MMWA cases are settled out of court without any lawsuit being filed. When litigation is required, our Firm brings RV/Motor Home MMWA cases in federal District Courts where the federal law is generally more favorable to consumers. The types of cases that can be brought are those where the amount in controversy is over $50,000. The amount in controversy for many RV cases meets or exceeds this requirement.
Please make a submission on our FREE CASE REVIEW page and we will contact you to discuss your RV/Motor Home or Motor Vehicle case. If we cannot assist you or do not practice where you reside, we may be able to help you locate counsel.*
*The above discussion and summary of the law is for informational purposes and should not be construed as legal advice. Please contact Amar Law Group, PLLC for additional details.