California Motorhome Lemon Law California Lemon Law Statute Frequently Asked Questions What to do if You Bought a Lemon

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Law Offices of
Howard D. Silver

638 Lindero Canyon Road, Suite 421,
Oak Park, CA 91377

Phone: 818-597-2610 or
866-49-lemon (866-495-3666)
Fax: 818-879-0862

E-mail: hsilver@howardsilverlaw.com

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Frequently Asked Questions About the California Motor Home Lemon Law

Q: Are all motor homes under a warranty covered by California's lemon law?

A: Even though the chassis portion of a motor home is the only part that's considered a motor vehicle, the California Consumer Protection Law covers all consumer products including the coach or living quarters of a motor home. This means you can get your money back or a new motor home if you have problems with the living quarters portion of your RV such as the slide outs, generator, etc.

Q: What is considered a reasonable number of repairs?

A: Ultimately, what's reasonable will change in each individual case. But for a bad chassis, the law says a court must assume you have made a reasonable number of attempts to repair the motor home when, during the first 18 months or 18,000 miles, you can show that you've tried to fix the same problem four or more times; that your motor home has been in the repair shop for a cumulative total of thirty days or more; or that you've tried to fix the same serious safety defect two times or more. If you can prove any of these, it's up to the manufacturer to show that the motor home is NOT defective.

Q: What is considered a serious safety defect?

A: The law defines this as any condition that doesn't conform to the warranty and is likely to cause death or serious bodily injury if the motor home is driven. Some examples include defective brakes, safety belt defects, gas leaks that could cause an explosion or an unreasonable rollover tendency.

Q: What is the benefit of filing a California Lemon Law claim for my motor home?

A: Motor homes aren't cheap, and repairing a lemon of a motor home can drain your bank accounts even further. If you can show that your motor home is a lemon, you are entitled under the law to receive a refund of the money you spent on your motor home, or a replacement of similar type and quality. You are also entitled to recover other money you spent because of the motor home's defects, including towing fees, alternative transportation and hotels, some repair attempts and more.

Q: Do I have a claim if I bought my RV or motor home used?

A: You probably do have a claim. If your recreational vehicle is fairly new, it may still be covered under the manufacturer's original warranty and therefore be eligible for the lemon law. It may also have a dealer's warranty, which also makes it eligible for a claim. If it's not covered under any warranty but you believe you were misled by the seller, you may still be able to make a claim under the California Consumer Legal Remedies Act. That law makes it illegal for any California business to mislead, lie to or defraud its customers.

Q: For a motor home chassis problem, is the manufacturer allowed to delay repairs, charge me for repairs under the warranty, send me to a far-away repair shop, etc?

A: No. Under California lemon law, the manufacturer is legally required to maintain repair shops within a reasonable distance from where it sells its motor homes, or contract with an independent repair shop to service its customers. While you are under warranty, repairs should be free as long as they're aimed at bringing the recreational vehicle back to the condition specified by the warranty. And if your motor home sits untouched at the repair facility for an unreasonable amount of time, it counts as a repair attempt in the lemon law test.

Q: Should I try to resolve my dispute through the manufacturer's claim process? Or through third-party arbitration?

A: Using the manufacturer's internal claims process or dispute resolution process might not hurt you, but chances are that it's a waste of your time. You may also be asked to go to a third-party mediator or arbitrator. The Law Offices of Howard D. Silver can explain the options in your case more fully.

Q: Will I have to go to court if I file a lemon law motor home claim?

A: Not necessarily. If you can show that you have a lemon on your hands, the law says the manufacturer must promptly replace it or refund your money. Many manufacturers will try to get away with ignoring this law, but they often change their minds when buyers hire the Law Offices of Howard D. Silver. In other cases, clients may file a lawsuit, but settle before the case goes to trial. Call the Law Offices of Howard D. Silver for a more detailed consultation on your case.

Q: Why should I hire the Law Offices of Howard D. Silver?

A: Howard Silver represents lemon law claimants exclusively. That means he knows California lemon law, he knows the common tricks manufacturers use to dodge their legal obligations, and he knows how to counter them. He can also act as your representative, freeing you from stressful or tedious negotiations with a manufacturer. And research shows that hiring an attorney helps injured or cheated people recover more money than they can on their own. With the Law Offices of Howard D. Silver by your side, the manufacturer will take your complaints seriously.

Q: What does a motor home lemon lawsuit cost?

A: The initial consultation with the Law Offices of Howard D. Silver is free, so you have nothing to lose by contacting us. Call today for a free evaluation of your case.

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