Top 5 Things You Need to Know if You Own an RV, Boat, or Offroad Vehicle
Most people aren’t thinking about their legal rights when making a large purchase like an RV, boat, or offroad vehicle. They’re thinking about how much fun they’re going to have camping, boating, or off-roading. When things go wrong, people assume that the law will protect them, especially considering the enormous purchase price they paid. But the Lemon Law does not apply to these high-dollar recreational products the same way as a traditional automobile, which presents a number of issues that may affect your Lemon Law rights. Here are the top five things you need to know:
1. The Arizona Lemon Law does NOT cover most RVs, trailers, recreational vehicles, or boats.
There are few things that can disqualify you under the Arizona Lemon Law. The first test is whether or not your vehicle is “self-propelled,” which means—does it have an engine? If you have to pull it, it’s automatically disqualified under the Lemon Law. (See A.R.S. § 44-1261(A)(2)).
Next, is it licensed for the street and primarily intended for use on the highway? If so, you probably own a motorhome or dual-sport motorcycle, and the motorcycle should qualify. For motorhomes, the Lemon Law excludes any issues with the livable portion of the unit, and only applies to chassis issues for vehicles under 10,000 Gross Vehicle Weight. (See A.R.S. § 44-1261(A)(4)(C)).
If you don’t qualify for a Lemon Law claim, don’t worry—you may still have a breach of warranty claim under federal law.
2. Your deadline for filing a claim may be shortened by the terms of your warranty.
These big companies know how to protect themselves from liability. All that fine print in your warranty is important, and they include it for the simple reason of making it harder for you to hold them accountable when you have issues. One of the tricks manufacturers like to use is to shorten the amount of time you have to pursue a legal claim against them or their dealer. That deadline can be as little as 90 days after the first year of ownership, regardless of your warranty length or even if it’s still in the repair shop.
If you’ve had repair issues under warranty, you should consult with an experienced Arizona Lemon Law lawyer as soon as possible. Even after the deadline, you may still have a case.
3. Your warranty can be voided if you live in it.
People buy recreational products for lots of different reasons. During the pandemic, remote work became much more common, and more and more people opted to forego a mortgage and embrace life on the open road. But when unexpected repair issues turn what should be a dream life into a nightmare, people are shocked to learn that their warranty prohibits using the product as a full-time residence, and their warranty coverage may be voided entirely.
Make sure to ask questions and review the warranty carefully before purchasing a recreational product for full time living. Not all warranties are the same.
4. Registering your product in a different state or to a business may impact the warranty terms.
Many people register their recreational product in a different state or to their business as a way of saving money on taxes. But there are multiple ways manufacturers can use this against you. Some warranties can be limited depending on the state you buy, take delivery, or register the product in. Others can be voided if you register the product to a business, even if you don’t use it for business or commercial purposes.
Bottom line—always review the warranty carefully before registering a recreational product. The risks may outweigh the tax benefits.
5. Liability lies with the manufacturer, not the dealer.
The dealership is not owned by the same company as the manufacturer. The dealer is an independently-owned entity that has a contractual relationship with manufacturers to market and sell their products. Most dealers are indemnified, or legally shielded, from liability by way of their contract with whatever company actually made your product. For this reason, most Lemon Law and breach of warranty claims can only be brought against the manufacturer, not the dealership.
