Lately I have heard more consumers and lawyers threatening lemon law actions, but do they apply to RV’s? The answer is that it depends. So, lets break it down, in Florida Chapter 681 which is the “Motor Vehicle Warranty Enforcement Act” governs what is commonly known as the “Florida Lemon Law.” First Lemon Law only applies to new or demonstrator units. These claims can only be brought within the first 2 years (24 months) from the date of delivery.
However, unlike auto vehicles, not everything is covered. This is because RV’s are not just traditional vehicles. Some components are not standard for an automobile. For example, those parts which relate to the habitability of the RV such as the flooring, roof air conditioner, furnace, plumbing etc.
Each time you sell a new Unit or a demonstrator you should be providing your customer with the Consumer Guide to Lemon Law. There should also be material from the manufacturer provided to your customers how they can start or file a claim.
While often the selling dealer is not directly tied to lemon law claims, frequently lawyers file suit against the selling dealer and the manufacturer. However, under Florida Statute 681.113, dealers have no liability under the Lemon Law and may not be made a party to any action involving or relating to Chapter 681. Further a Manufacturer may not charge back or require a Dealer to reimburse the manufacturer for any of the costs, including any refunds or vehicle replacements, unless the can show that it was the Dealer’s servicing which caused the underlying issues.
Don’t let savvy consumer lawyers threaten you with legal actions which they know or should know have no basis. Direct them to the Florida Statute 681.108 for the procedures to file a claim.