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Monday, October 24, 2016

What Can I Do If I Purchased A Defective RV?
by Ian Pryor & Shalev Amar of Pryor, Ramirez & Amar, LLC

To many peoples' surprise, courts in Arizona have held that defective RVs are not covered by the Arizona Lemon Law even though it states that RV chasses are covered. This is so because the Arizona Lemon Law excludes vehicles that weigh over 10,000 pounds and most RV's weigh more than 10,000 pounds.

Fortunately, 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 written warranties (including motor vehicle and RV warranties). For a majority of states across the nation, a warranty is breached under the MMWA if defect repairs on an RV take too long to complete or are unreasonably numerous.

The main remedy for an RV warranty breach is diminution in value (cash money damages) instead of a refund or replacement (the damages for a warranty breach under the Arizona Lemon Law). Diminution of value means that an RV was not worth what was paid for it at the time of purchase (the sales price) because of its defects and repair history. Basically, a consumer is entitled to get money back from the defective RV's manufacturer for breach of warranty because that consumer did not get the "new" RV he or she paid for but instead got the equivalent of a used worn down RV that should have cost substantially less.

MMWA RV cases are typically brought in the District Court of Arizona where the federal law is more favorable to consumers than State court. However, with proper legal representation it is often possible to settle a defective RV breach of warranty case without having to file a formal lawsuit.

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