An RV Court case that could prove to be a LANDMARK LAWSUIT…

They were “over it.” Yep, simply put they were done. Their brand new camper (a few days old) had a window leak, it had damaged the interior of the camper – apparently the damage was significant enough that the entire camper had to be returned to the manufacturer.

Many RV owners are now shaking their heads knowing where this is leading! Well, they (the owners of a new camper) said “NO MORE” and told the RV dealer what they could do with that camper and demanded their money back! Then they went to court. That was in 2014. The full article can be found HERE as published in RV Travel.com.

They WON their RV Court case!

Now, the victory may appear somewhat hollow for the couple in 2019 for their 2014 camper as they may have been making monthly payments for the past 5 years on a camper they couldn’t use, and winning the court case does not guarantee they will get their funds back from the dealer – at least not yet.

landmark rv court case
A potential landmark court case (lawsuit) – could the RV industry be headed for more manufacturers who build a higher quality product?

There are, however, larger ramifications to this court case

A court in the State of Illinois has now ruled in favor of consumers and against the manufacturer (and presumably the dealer.) This is significant as the court is signaling consumers don’t simply have to “take it” when (the usual suspects) produce a substandard RV camper. Incidentally, I name some of the “usual suspects” in my 5th wheel RV Buyers Guide.

Quoting the RV Travel article…

Steve Lehto, a Michigan attorney who focuses on Lemon Law issues, sees this as great news for RV buyers, and a decision that will likely send RV manufacturers into a tizzy. His reasoning is that state courts often look at precedent even when decided in a different jurisdiction. If you have a “Lemon” RV issue, this approach could be one that might work for you. He does caution that a note in the UCC indicates that “time is of the essence.” While under the UCC a customer can indeed revoke the acceptance of defective purchases, it must be done “within a reasonable time” of the discovery of the defect.

To me, this puts RV manufacturers on notice and provides a “work-around” for consumers who live in states with NO lemon laws on RV’s (which is most if not all states.) What I hope it does is encourage the “bad actors” in the industry (and there are MANY) to build a better product. Of course, time will tell, but having a court case like this that favors the consumer – it might just prompt them to “do the right thing” and start raising their standards.

As RV Travel points out, this court decision may pave the way for other favorable decisions that will (slowly?) turn the tide of lousy construction quality and poor quality control that is widespread (though NOT universal) in the RV industry.

What say you? I welcome your thoughts and feedback below. If you want to receive notifications when new posts are created on RV Across America(.net), please subscribe below…

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4 thoughts on “An RV Court case that could prove to be a LANDMARK LAWSUIT…”

  1. Thank you for the info. I am facing a problem with my 2017 Thor Four Winds Super C. I got a check engine light the same day I brought it home. I found out that the dealer could not make the repair, so I had to take it 60 miles to a Ford Dealer. I bought the RV in March 2018. In December I went to start the RV and it would not start. I called ford and they had it towed back to the Ford dealer 60 miles away. When the tow truck arrived and lifted the front end, water poured from the overhead in the cab area. While sitting at the Ford dealership for two weeks in the rain, it was full of water again. I took it back to the RV dealer and they found 6 busted screws over the cab. They repaired and sealed it, but more leaks. They sealed the overhead running lights that had been cut too large. Now it is still leaking. The rear strip covering the seal between the rear end cap and the roof did not have the seal tape pulled off, so the rear wall is ruined. They contacted Thor and was told it was out of warranty, but this was before they found out that the tape was not removed from the seal strip. They have not been able to get through to Thor to discuss repairing the RV.

    Reply
    • Clyde,

      I’m sorry to learn of this situation. Its one of the reasons I advise my clients to STEER CLEAR of THOR and FOREST RIVER products. It appears from your description your camper is totaled (trashed.) At a minimum, its a SERIOUS HEALTH HAZARD as black mold has certainly taken hold where the water has permeated. So…if it were me, I’d consider the following actions: First, I would speak with the service manager at your RV dealer and ask him if he expects to hear from Thor soon – and get him to set a date by when they action from Thor. When that date hits – start your attack, and I’d go in 3 directions: 1) contact your insurance company and tell them you’ve had damage to your camper and its likely totaled – see if they’ll cover it BUT if they do, you’d better have GAP insurance, ’cause the campers worth less than what you owe on it (likely) UNLESS you have “full cost replacement” insurance on it. 2) Contact your State’s Attorney General – let him know what has happened and see if they’ll step up to go after the DEALER AND THOR (your theory on the dealer is THEY should have picked up on this during their PDI (pre delivery inspection). 3) Call Thor and ask for the CEO. Rattle the walls and threaten to take this public – to the news media, to social media, etc.

      Lastly, when you’re ready to replace it, contact me and I’ll assist through my Concierge RV Buying Service – http://rvAcrossAmerica.net/buysell – AND we WILL AVOID ALL THOR AND FOREST RIVER CRAP.

      Reply

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