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You are entitled to receive a refund or a replacement vehicle, plus vehicle registration fees, rental car costs and towing charges. Generally, the choice of the refund or replacement vehicle is the consumer's.
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The manufacturer is entitled to a mileage offset for the value of the miles placed on the vehicle before the first time the vehicle was taken in for the problem or defect that resulted in the refund or replacement. The dollar offset value for an RV is generally much smaller that for an automobile as RVs accumulate far fewer miles before failure than automobiles.
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YES. All of the above qualify under the Lemon Law in the same way any consumer product covered by a warranty would qualify.
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NO. The law applies as long as the vehicle is under the manufacturer's new car warranty, and sometimes longer. In many instances a vehicle may still qualify under the law even though the vehicle is outside the warranty period, as long as the first repair attempt for the defect occurred within the warranty period.
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NO. Most manufacturers offer an arbitration program to "assist" consumers to resolve their disputes with the manufacturer. But these arbitration programs are overseen and supported by the manufacturer. Participation in these programs often results in wasted time and unsatisfactory decisions or an "award" short of what the consumer is entitled to under the law. In California, it is not necessary for a consumer to first participate in a manufacturer's arbitration program before taking legal action.
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Keeping good records should be at the top of your list of important things to do throughout your RV ownership. Here are the basic documents needed to make a good Lemon Law case:
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A legible copy of the current registration of the RV
A legible copy of the purchase agreement
Legible copies of every Repair Order, whether it is for major repairs or for periodic maintenance.
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With regard to repair orders, please insist that you be given a standard repair order when you bring the vehicle in to be repaired. It should contain a list of every defect you want fixed, an estimate of how long it will take and an estimate of cost if the dealer claims the repair is not covered by warranty. When you go to pick up the vehicle, you should receive another document that lists exactly what was repaired and any parts that were replaced. You even have the right to see any defective part, should you choose. This is something you must insist on. It becomes very important if it becomes necessary to file a Lemon law suit. You want to avoid any possibility of having to argue where it is your word against theirs. Not having repair orders doesn’t mean you cannot win a lawsuit, but it certainly can make it take much longer.
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Copies of all rental car/RV receipts, towing receipts, hotel or motel receipts where you find the defect prevents you from living in your motor home.
This is not essential, but it can be very, helpful. Keep a logbook of all your maintenance activities. List who you talked with at the dealers or at the manufacturer. Detail is a very good thing.
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The law states that the manufacturer is entitled to a reasonable number of attempts to repair the vehicle. The law does not specify what is "a reasonable number of attempts." As a rule of thumb, four repair attempts for the same problem is generally considered a reasonable number. This number varies from state-to-state. This is only a guideline that may vary depending upon the seriousness of the problem. Another factor to consider is the number of miles between repair attempts. Also safety issues can reduce the number of repair attempts required.
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Of course the state’s basic lemon law, the Song Beverly Act is the primary legal tool employed in these cases. However, certain circumstances recommend the use of the Magnusson Moss Warranty Act (the federal lemon law). There are other remedies that apply to specific situations, such as the Consumer’s Legal Remedies Act. When we have reviewed your case, one of our attorneys will suggest the appropriate remedy.
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A consumer can have a Lemon Law case when a variety of defects demand continuous repair. The facts of each individual case must be taken into consideration but it is possible to have a qualifying Lemon Law case based on the cumulative number of days in the shop alone.
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Be very careful when offers such as this are made. It is possible that you could lose your lemon law rights. Whatever you do, do not sign a release in order to “qualify” for their purported generosity.
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This still counts as a repair attempt. The dealer had an opportunity to repair the vehicle.
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Generally, when you purchase your RV, Motor Home, or 5th Wheel there will be a list of authorized dealers/repair facilities. Occasionally, the authorized repair facility will “farm out” certain repairs to 3rd party repair shops. If this happens, make sure that authorization for you to have these repairs done are in writing on the repair order received for the repair requiring the use of a 3rd party repair facility. Remember, an accurate paper trail is completely important for all repairs or attempted repairs.
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Generally no, you do not. The law says the manufacturer is supposed to have a warranty repair facility available to the consumer. However, the number of repair attemtps, and the nature of the defect may affect this. It is not a cut-and-dried situation. Discuss this with your attorney before accepting this requirement.
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If the consumer feels that there is a problem with the vehicle, it should be taken to another dealer to get a second opinion, or the manufacturer should be contacted directly. An independent automotive expert can also be retained to inspect the vehicle and determine if the condition is normal.
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NO. All authorized dealers operate as the manufacturer's agents for the purpose of warranty repairs. Therefore, any authorized dealer can do warranty work on your vehicle.
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NO. You must take it back to an authorized dealer for warranty repair work. The law states that the manufacturer must have a reasonable opportunity to repair the vehicle. An independent repair shop is not an agent of the manufacturer, so any repairs done at such a shop do not qualify as attempts by the manufacturer to repair the vehicle. A repair by an independent shop may void that portion of the warranty on the vehicle.
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