When is a lemon a lemon?

[bill hamilton]

Hello all, We bought a brand new 2005 Fleetwood Tioga SL from Tom Raper RV in Richmond, In., on March 23, 2005. SInce that time the coach has been in the repair facility for over 100 days. There have been many issues needing repairs, most notibly a leaking roof. I have spoke many times with Fleetwood as well as Tom Raper RV and all I get from them is we will do our best to rectify the situation, but nothing really materializes. Does anyone have any experience with trying to get a motorhome replaced as a result of reccurring/excessive repairs?

Thanks.

 

[Tom]

IIRC lemon laws vary by state. Have you checked your state's web site? (it might take some digging).

 

[Woody]

Since you bought the vehicle in the state of Indiana this states Lemon Law does apply. Call the state Attorney General in Indianapolis to find out the requirements to file a complaint.

Woody

 

[samarai]

Hello all, We bought a brand new 2005 Fleetwood Tioga SL from Tom Raper RV in Richmond, In., on March 23, 2005. SInce that time the coach has been in the repair facility for over 100 days. There have been many issues needing repairs, most notibly a leaking roof. I have spoke many times with Fleetwood as well as Tom Raper RV and all I get from them is we will do our best to rectify the situation, but nothing really materializes. Does anyone have any experience with trying to get a motorhome replaced as a result of reccurring/excessive repairs?

Thanks.

You may not like this answer.  I would consult an attorney to see what my rights are in this situation.  Otherwise, you don't know what remedies are available to you.

(p.s. I am not an atty).

Send me an email if you would like some options.

Bill Hamilton in Texas

 

[Albslb2]

Bill - # 1 problem is Tom RAper RV.  Been there done that.  Horrible service.  Wouldn't even attempt to have the oil changed there.  Great Sales dept but that's it. My dealing with them started with typing wrong info on the title, and continued with every thing going wrong for over a year and never was satisfied.  Granted I bought used, but no excuse not to repair the list of items that were listed to do when we left it there for a month after buying.  The Fan, the slide and too many to mention.  They agreed to change Oil and grease.  Neither had been done, in fact it was a quart low when I checked it.  Biggest problem in their service is they don't care and can't read.  If you find someone there that can read theycan't comprehend.  Dont with them and will never return.  My best recommendation about them is to STAY AWAY.

 

[bill hamilton]

Thanks for your input. I have spoken to one Attorney and was told that I have a viable case but that it would take upwards of a year to win. I am going to call the Attorney General tomorrow. As for Tom Raper RV, I agree with the last post. The only time anything was done correctly to our motorhome was when I actually stayed there and oversaw what was going on. Once I left, the progress always stops. Thanks again.

 

[Gary RV_Wizard]

Bill,
You can view the Indiana Lemon Law here:

http://www.yourlemonlawrights.com/state_laws/indiana.htm

It's pretty straight-forward and not much legalese.  The crucial thing I noted is that it covers only the first 18 months/18,000 miles, so you better get busy! 

You can get "free" case evaluations from attorneys who advertise online, but I wouldn't expect much.  It's basically just advertising and they will almost always say "you have a case".  Google "Indiana Lemon Law" for a list of attorneys who specialize in this sort of case.  Unfortunately, you probably will need an attorney's assistance to get anywhere, even if it is just an official  letter to Raper & Fleetwood notifying them that you are filing under the Indiana law.

I tried to help a lady I knew through an RV club when she filed a lemon case against Newmar (this was under Texas law).  She had been very lax about documenting her numerous problems and the failed attempts to get them fixed and had kept no service records of any kind. And guess what? The dealer and Newmar had almost no records of her complaints or repair actions, making it difficult to show that problems had been reported and not acted on in a timely manner.  I'm no attorney but do have a experience in documenting & resolving problems, so I worked with her to reconstruct dates and places from her litany of woe.  The lack of solid documentation was a major impediment in her case and Newmar's attorneys just fended her off.  In my opinion her attorney didn't do much, but he didn't have a lot to work with either.  Another problem was that some of the problems were chassis and some coach, thus involving two manufacturers in the case.  She gave up after about 18 months and traded the coach. 

Keep us posted if you decide to go down this path - it will be instructive to others.

 

[Tom]

Gary's message reminds me of some nearly-free legal advice you can get. Call your local bar association (look in the yellow pages for the number) and ask for a referral to someone who deals specifically with this kind of case. Many lawyers, including experienced professionals, do pro bono work. Depending on the county, you'll get 30 minutes or an hour of advice for "free". The lawyer's time is free, but you'll write a check for a nominal amount to the bar association and hand it to the lawyer. It's been a few years, but I've used this service on several occasions in different counties (different bar associations) and paid between $30 and $50 for the advice which, in each case, turned out to be solid and accurate.

The lawyers all told me that, if I wished, they'd take up the cases at their normal rate, but none of them pushed themselves on me. In fact, several of them told me "you don't need a lawyer and you just need to do xxxx". One even told me I'd be better off using a lawyer in a different county from his because of local court contacts most lawyers have; He was right on.

 

[bill hamilton]

Thanks for all of your input. I knew I could get help here. I will keep everyone updated to the status of my case.