Motor Home Lemon Law Bill Headed to the Governor’s Desk
On August 12th, Assembly Bill 1849 (AB 1849) passed out of the California Legislature. After eight months of working its way through the Assembly and Senate, it is finally ready to travel to Governor Newsom’s desk for his signature, when it will officially become law. AB 1849 makes an important change regarding the coverage of motor homes under the California Lemon Law. Read on to learn about the changes wrought by AB 1849 along with a discussion of motor homes and lemon law in California. If you have a car, motorcycle, boat, ATV, RV, or any motorized vehicle with warranty defects that aren’t fixed after a reasonable number of repair attempts, you have rights under California’s lemon law. Contact Nita Lemon Law Firm in Los Angeles for help enforcing those rights statewide.
Livable Portion of Motor Homes Added to the California Lemon Law
California Lemon Law, as found in the Song-Beverly Consumer Warranty Act, requires a manufacturer of a consumer good to replace or reimburse the buyer when the manufacturer fails to service or repair goods after a reasonable number of attempts under an express warranty. The law applies to all manner of consumer goods except for clothing and consumables. Another part of the Lemon law, the Tanner Consumer Protection Act, applies specifically to motor vehicles.
Even before AB 1849, Song-Beverly already covered “mobilehomes” and “travel trailers.” Now, the portion of the law addressing travel trailers has been amended to include “motor homes” as they are defined in the Tanner Consumer Protection Act, i.e., “a vehicular unit built on, or permanently attached to, a self-propelled motor vehicle chassis, chassis cab, or van, which becomes an integral part of the completed vehicle, designed for human habitation for recreational or emergency occupancy.” This definition would include a recreational vehicle (RV).
Although the DMV considers a travel trailer to be a recreational vehicle, for purposes of the Lemon law a travel trailer is a vehicular unit without motive power that is designed to be towed or carried by a motor vehicle. It does not include a mobilehome. A mobilehome, meanwhile, specifically excludes recreational vehicles (RVs) from its definition. By amending the Lemon law to include motor homes, AB 1849 specifically brings RVs into this section of the law.
RV Lemon Law: It’s Not Just for the Chassis Anymore
Song-Beverly includes a special provision for travel trailers, explicitly stating that the buyer is free to choose reimbursement instead of replacement, “and in no event shall the buyer be required by the manufacturer to accept a replacement travel trailer.” AB 1849 amends that section of the law by adding “motor homes” to this provision alongside travel trailers. Importantly, the amendment also includes the “portion of a motor home designed, used, or maintained for human habitation” to the repair requirement.
This addition brings the entire motor home under the purview of the Lemon law. Previously, only the motorized portion of a motor home, i.e., the chassis, was covered. For defects affecting the livable portion of the motor home, consumers had to look instead to the Magnuson-Moss Warranty Act, which is sort of a federal lemon law that gives consumers similar rights to California lemon law, although the federal law is less specific and powerful than California’s law, and claims would have to be pursued in federal court rather than state court.
Pursue Your RV Lemon Law Claim in California, Not Indiana
Earlier this year, we discussed how RV manufacturers, which are based in Indiana, hide “forum selection clauses” in their warranty booklets saying that warranty rights have to be enforced in Indiana courts. So even if you live in California and buy your RV in California, if it’s a lemon, you have to travel to Indiana to enforce your California lemon law rights. As we noted in our April blog post, our firm was recently successful in fighting this tactic. In an RV lemon law case we brought in California, the Indiana manufacturer filed a motion with the court to stay the California proceedings and remove the case to Indiana pursuant to the forum selection clause in the vehicle’s warranty. We filed an extensive motion in opposition to this motion which persuaded the judge to keep the case in California where it belonged. We never give up fighting for justice for our clients here in California.
Contact Nita Lemon Law Firm for Help With a Lemon RV or Other Vehicle in California
If you are experiencing problems with your RV, motorcycle, car, truck, or boat, I would like the opportunity to evaluate your lemon law claim at no charge to you and discuss your legal options. For a free, no-obligation consultation, please call me in Los Angeles at 213-232-5055 or toll-free throughout California at 877-921-5256. You can also submit a free case evaluation on my website at www.nitalemonlaw.com, or email me directly at nick@nitalemonlaw.com. No matter which way you contact me, I will personally evaluate your case and promptly respond to your inquiries. I look forward to hearing from you.
