A recent Georgia case demonstrates just how far RV manufacturers and RV dealers will go to insulate themselves from liability for warranty claims and other RV defects.
In this case the consumer bought the coach for approximately $200,000 from a Georgia dealer. At the closing, the consumers were never allowed to hold the documents. The documents were placed on a desk with a closer showing them where to sign.
Unknown to the consumers, there was a series of important disclaimers buried on the back of the document. These disclaimers state that the dealer makes no warranty whatsoever on the product; that if the coach has significant defects that cannot be repaired under the manufacturer’s warranty, which would otherwise entitle the consumer to rights under the uniform commercial code to revoke acceptance, the consumer cannot exert that right against the dealer.
The RV manufacturer is also hard at work disclaiming any responsibility to the consumer. Buried in the contract is a provision that says if there is a breach of warranty, the consumer’s sole remedy is to recover for the cost of repair or diminished value. You cannot recover for your damages, including rentals, travel, or other damages caused by your coach breaking down a thousand miles from home.
The federal court allowed this to occur despite the defect in the RV being unrepairable.
If you believe you’re a victim of consumer fraud, call our office today at 770-832-0300 or use our online form to request a free case evaluation.