Lemon Wisdom - RV Lemon Law Summaries

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Burdge Law Office Co, LPA


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      RvLemonLaw.com


RV Lemon Law Summaries
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STATE RV LEMON LAW SUMMARIES

In addition to the federal “lemon law” (the Magnuson Moss Warranty Act), each state has its own state Lemon Law. In the chart below, “Rv’s Covered” means whether or not a recreational motor vehicle (or some part of it) is normally covered by the lemon law of a state. “Presumptions” means what it takes to be a “lemon” vehicle, and “Required First Step” means what you may have to do in order to be able to claim your vehicle is a “lemon” under the law.

These summaries prepared end of year 2003 by
Ronald L. Burdge, Attorney, www.RvLemonLaw.com.


 

 

Alabama

Rv’s Covered? 

No

Presumptions:

 

 

Required First Step:

 

 

Alaska

Rv’s Covered?

Yes

Presumptions:

3 unsuccessful repairs or 30 business days out of service within shorter of 1 year or warranty. State has certified guidelines for arbitration.

Required First Step:

Written notice by certified mail to manufacturer + dealer (or repair agent) that problem has not been corrected in reasonable number of attempts + refund or replacement demanded within 60 days. Manufacturer has 30 calendar days for final repair attempt.

 

Arizona

Rv’s Covered?

Vehicle Portions Only, no more than 10,000 lbs

 

Presumptions:

4 unsuccessful repairs or 30 calendar days within shorter of 2 years or 24,000 miles.

Required First Step:

Written notice + opportunity to repair to manufacturer.

Arkansas

Rv’s Covered?

Vehicle Portions Only

Presumptions:

3 unsuccessful repairs, or 1 unsuccessful repair of a problem likely to cause death or serious bodily injury within longer of 24 months or 24,000 miles.  

Required First Step:

Certified or registered mail notice to manufacturer. Manufacturer has 10 days to notify consumer of repair facility. Facility has 10 days to repair.

 

California

Rv’s Covered?

Chassis, Chassis Cab and Drive train Only, if vehicle under 10,000 lbs

Presumptions:

4 times subject to repair or 30 calendar days out of service (can be non-consecutive) within shorter of 18 months or 18,000 miles, or a reasonable number of attempts during entire express warranty period. UPDATE: As of 1/1/01, only 2 times subject to repair allowed for safety defects likely to cause death or serious bodily injury. Coverage also expanded to include small businesses registering up to 5 vehicles, weighing up to 10,000 pounds each.

 

Required First Step:

Direct written notice to manufacturer + delivery of car to repair facility for repair attempt within 30 days.

Colorado

Rv’s Covered?

No

Presumptions:

 

Required First Step:

 

 

Connecticut

Rv’s Covered?

No

 

Presumptions:

 

Required First Step:

 

Delaware

Rv’s Covered?

Vehicle Portions Only

Presumptions:

4 unsuccessful repairs or 30 calendar days out of service within shorter of 1 year or warranty. Law specifically applies to leased vehicles.

 

Required First Step:

Written notice + opportunity to repair to manufacturer.

District of Columbia

Rv’s Covered?

No

 

Presumptions:

 

Required First Step:

 

Florida

Rv’s Covered?

Most Vehicle Portions Only, no more than 10,000 lbs

Presumptions:

3 unsuccessful repairs or 15 calendar days within 24 months from delivery. State has certified guidelines for arbitration. State-run arbitration mechanism available. Law specifically applies to leased vehicles.  

Required First Step:

Written notice by certified or express mail to manufacturer who has 10 calendar days for final repair attempt after delivery to designated dealer.

 

Georgia

Rv’s Covered?

Vehicle Portions Only, no more than 10,000 lbs

Presumptions:

3 unsuccessful repair attempts or 30 calendar days out of service within shorter of 24,000 miles or 24 months, with 1 repair or 15 days out of service within shorter or 1 year or 12,000 miles; or one unsuccessful repair of serious safety defect in braking or steering system within shorter of 1 year or 12,000 miles. State-run arbitration mechanism available. Law specifically applies to leased vehicles. Note: Proceeding under this state’s lemon law may cause consumer to lose other important rights regarding the manufacturer and dealer.

 

Required First Step:

Certified mail notice return receipt requested. Manufacturer has 7 days to notify consumer of repair facility. Facility has 14 calendar days to repair.

 

Hawaii

Rv’s Covered?

Yes, no more than 10,000 lbs

Presumptions:

3 unsuccessful repair attempts, or 1 unsuccessful repair attempt of defect likely to cause death or serious bodily injury, or 30 business days out of service within shorter of two years or 24,000 miles. State-run arbitration mechanism available. Law specifically applies to leased vehicles.

 

Required First Step:

Written notice + opportunity to repair to manufacturer.

Idaho

Rv’s Covered?

Yes, no more than 12,000 lbs

Presumptions:

4 repair attempts or 30 business days out of service within shorter of 2 years or 24,000 miles, or 1 repair of a complete failure of the braking or steering system likely to cause death or serious bodily injury. State-run arbitration mechanism available. Law specifically applies to leased vehicles.

 

Required First Step:

Written notice to manufacturer or dealer and opportunity to repair.

Illinois

Rv’s Covered?

Yes, if motorized

Presumptions:

4 unsuccessful repairs or 30 business days out of service within shorter of 1 year or 12,000 miles. Law specifically applies to leased vehicles.

 

Required First Step:

Written notice + opportunity to repair to manufacturer.

Indiana

Rv’s Covered?

No

Presumptions:

 

Required First Step:

 

 

Iowa

Rv’s Covered?

No  

 

Presumptions:

 

Required First Step:

 

Kansas

Rv’s Covered?

Vehicle Portions Only, no more than 12,000 lbs

Presumptions:

4 unsuccessful repairs or 30 calendar days out of service or 10 total repairs within shorter of 1 year or warranty. State has certified guidelines for arbitration.

 

Required First Step:

Actual notice to manufacturer.

Kentucky

Rv’s Covered?

No  

 

Presumptions:

 

Required First Step:

 

Louisiana

Rv’s Covered?

Chassis and Drive train only

Presumptions:

4 unsuccessful repairs or 30 calendar days out of service within shorter of 1 year or warranty. State has certified guidelines for arbitration. Law specifically applies to leased vehicles.

 

Required First Step:

Report to manufacturer or dealer.

Maine

Rv’s Covered?

Yes if use is noncommercial; Commercial use vehicle is covered if under 8,500 lbs

Presumptions:

3 unsuccessful repairs (when at least 2 times same agent attempted repair) or 15 business days out of service within shorter of warranty or 2 years or 18,000 miles. Applies to vehicles within the first 18,000 miles or 2 years regardless of whether the claimant is the original owner. State-run arbitration mechanism available. Law specifically applies to leased vehicles.

 

Required First Step:

Written notice to manufacturer or dealer only if required in warranty or owner's manual. Manufacturer has 7 business days after receipt for final repair attempt.

Maryland

Rv’s Covered?

No

Presumptions:

 

Required First Step:

 

 

Massachusetts

Rv’s Covered?

No  

Presumptions:

 

Required First Step:

 

Michigan

Rv’s Covered?

No  

Presumptions:

 

Required First Step:

 

Minnesota

Rv’s Covered?

Chassis Only

Presumptions:

4 unsuccessful repairs or 30 business days or 1 unsuccessful repair of total braking or steering loss likely to cause death or serious bodily injury within shorter of 2 years or warranty. State has certified guidelines for arbitration. Law specifically applies to leased vehicles.

 

Required First Step:

Written notice + opportunity to repair to manufacturer, agent or dealer.

Mississippi

Rv’s Covered?

Yes but not the portions added by the Rv Company

Presumptions:

3 unsuccessful repairs or 15 business days out of service within shorter of 1 year or warranty.

Required First Step:

Written notice to manufacturer who has 10 business days to repair after delivery to designated dealer.

 

Missouri

Rv’s Covered?

Chassis, Engine, Power Train and related parts

Presumptions:

4 unsuccessful repairs or 30 business days out of service within shorter of 1 year or warranty.

Required First Step:

Written notice to manufacturer who has 10 calendar days to repair after delivery to designated dealer.

 

Montana

Rv’s Covered?

Vehicle Portions Only

Presumptions:

4 unsuccessful repairs or 30 business days out of service after notice within shorter of 2 years or 18,000 miles. State-run arbitration mechanism available.

 

Required First Step:

Written notice + opportunity to repair to manufacturer.

Nebraska

Rv’s Covered?

Yes

Presumptions:

4 unsuccessful repairs or 40 calendar days out of service within shorter of 1 year or warranty. State has certified guidelines for arbitration.

 

Required First Step:

Certified mail notice + opportunity to repair to manufacturer.

Nevada

Rv’s Covered?

No  

Presumptions:

 

Required First Step:

 

New Hampshire

Rv’s Covered?

Only 4 wheeled vehicles under 9,000 lbs

Presumptions:

3 unsuccessful repairs by same dealer or
30 business days out of service within warranty. State-run
arbitration mechanism available. Law specifically applies to leased
vehicles.

 

Required First Step:

Report to manufacturer, distributor, agent or dealer (on forms provided
by manufacturer) + final opportunity to repair before arbitration.

New Jersey

Rv’s Covered?

Vehicle Portions Only

Presumptions:

3 unsuccessful repairs or 20 calendar days out of service within shorter of 2 years or 18,000 miles. State has certified guidelines for arbitration. Law specifically applies to leased vehicles.

 

Required First Step:

Certified mail notice, return receipt requested to manufacturer who has 10 days to repair.

New Mexico

Rv’s Covered?

Yes if less than 10,000 lbs

Presumptions:

4 unsuccessful repairs or 30 business days out of service within shorter of 1 year or warranty.. State has certified guidelines for arbitration.

 

Required First Step:

Written notice + opportunity to repair to manufacturer, agent or dealer

New York

Rv’s Covered?

Vehicle Portions Only

Presumptions:

4 unsuccessful repairs or 30 calendar days out of service within shorter of 2 years or 18,000 miles. State has certified guidelines for arbitration. Law specifically applies to leased vehicles.

 

Required First Step:

Notice to manufacturer, agent or dealer.

North Carolina

Rv’s Covered?

Yes if not a house trailer and if under 10,000 lbs

Presumptions:

4 unsuccessful repairs within shorter of 24 months, 24,000 miles or warranty or 20 business days out of service
during any 12 month period of warranty.Law specifically
applies to leased vehicles.

 

Required First Step:

Written notice to manufacturer + opportunity to repair within 15 calendar days of receipt only if required in warranty or owner's manual.

North Dakota

Rv’s Covered?

No

Presumptions:

 

Required First Step:

 

 

Ohio

Rv’s Covered?

Vehicle Portions Only

Presumptions:

3 unsuccessful repairs of same nonconformity, 30 calendar days out of service, 8 total repairs of any nonconformity, or 1 unsuccessful repair of problem likely to cause death or serious bodily injury within shorter of 1 year or 18,000 miles. Law specifically applies  to leased vehicles.

 

Required First Step:

Report to manufacturer, its agent or dealer.

Oklahoma

Rv’s Covered?

Vehicle Portions Only and if under 10,000 lbs

Presumptions:

4 unsuccessful repairs or 45 calendar days out of service within shorter of 1 year or warranty. State has certified guidelines for arbitration.

 

Required First Step:

Written notice + opportunity to repair to manufacturer.

Oregon

Rv’s Covered?

No

Presumptions:

 

 

Required First Step:

 

Pennsylvania

Rv’s Covered?

No

Presumptions:

 

 

Required First Step:

 

 

Rhode Island

Rv’s Covered?

No

Presumptions:

.

 

Required First Step:

 

 

South Carolina

Rv’s Covered?

Vehicle Portion Only

Presumptions:

3 unsuccessful repairs or 30 calendar days out of service within shorter of 1 year or 12,000 miles. State has certified guidelines for arbitration. Law specifically applies to leased vehicles.

 

Required First Step:

Written notice by certified mail + opportunity to repair (not more than 10 business days) to manufacturer only if manufacturer informed consumer of such at time of sale.

 

South Dakota

Rv’s Covered?

No

Presumptions:

 

 

Required First Step:

 

 

Tennessee

Rv’s Covered?

No

Presumptions:

 

 

Required First Step:

 

Texas

Rv’s Covered?

Yes

Presumptions:

4 unsuccessful repairs when 2 occurred within shorter of 1 year or 12,000 miles, + other 2 occur within shorter of 1 year or 12,000 miles immediately following second repair attempt; or 2 unsuccessful repairs of a serious safety defect when 1 occurred within shorter of 1 year or 12,000 miles + other occurred within shorter of 1 year or 12,000 miles immediately following first repair; or 30 calendar days out of service within shorter of 2 years or 24,000 miles + at least 2 attempts were made within shorter of 1 year or 12,000 miles. State-run arbitration mechanism available.

 

Required First Step:

Written notice to manufacturer.

Utah

Rv’s Covered?

Vehicle Portions Only

Presumptions:

4 unsuccessful repairs or 30 business days out of service within shorter of 1 year or warranty. Law specifically applies to leased vehicles.

 

Required First Step:

Report to manufacturer, agent or dealer. (Manufacturer's informal arbitrations process serves as prerequisite to consumer refund or replacement.)

 

Vermont

Rv’s Covered?

No

Presumptions:

 

 

Required First Step:

 

 

Virginia

Rv’s Covered?

Chassis Only

Presumptions:

3 unsuccessful repairs, or 1 repair attempt of serious safety defect, or 30 calendar days out of service within 18 months. State has certified guidelines for arbitration. Law specifically applies to leased vehicles.

 

Required First Step:

Written notice to manufacturer. If 3 unsuccessful repairs or 30 days already exhausted before notice, manufacturer has 1 more repair attempt not to exceed 15 days

 

Washington

Rv’s Covered?

Yes

Presumptions:

4 unsuccessful repairs, 30 calendar days out of service (15 during warranty period), or 2 repairs of serious safety defects, first reported within shorter of warranty or 24 months or 24,000 miles. one repair attempt + 15 of the 30 days must fall within manufacturer's express warranty of at least 1 year of 12,000 miles. State-run arbitration mechanism available. Law specifically applies to leased vehicles. Note: Consumer should receive replacement or refund within 40 calendar days of request.

 

Required First Step:

Written notice to manufacturer.

Wisconsin

Rv’s Covered?

Yes

Presumptions:

4 unsuccessful repairs or 30 calendar days out of service within shorter of 1 year or warranty. Law specifically applies to leased vehicles. Note: Consumer should receive replacement or refund within 30 calendar days after offer to return title.

 

Required First Step:

Report to manufacturer or dealer.

West Virginia

Rv’s Covered?

Chassis Only

Presumptions:

3 unsuccessful repairs or 30 calendar days out of service or 1 unsuccessful repair of problem likely to cause death or serious bodily injury within shorter of 1 year or warranty. Law specifically applies to leased vehicles.

 

Required First Step:

Written notice + opportunity to repair to manufacturer.

Wyoming

Rv’s Covered?

Yes if under 10,000 lbs

Presumptions:

3 unsuccessful repairs or 30 business days out of service within 1 year.

 

Required First Step:

Direct written notice + opportunity to repair to manufacturer. (Manufacturer's informal arbitrations process serves as prerequisite to consumer refund or replacement.)