New York’s Lemon Law covers the motorized portion of new recreational vehicles, but not the living quarters. Items which are not covered include flooring, plumbing systems and fixtures, roof, air conditioner, furnace, generator, electrical systems other than automotive circuits, the side entrance door, exterior compartments, and windows other than the windshield and driver and front passenger windows.
RVs covered by New York’s new car Lemon Law must meet four conditions:
In order to be considered a “lemon,” the vehicle must meet the following requirements:
In addition, the federal Magnuson-Moss Warranty Act states that the manufacturer of any product – from your toaster to your lemon RV – must abide by the warranty.
New York Lemon Law has special requirements for motor homes. Once you have taken in your RV for repair twice, or if has been out of service for repair for 21 days (whichever comes first) you have to notify the manufacturer or dealer by certified mail with a return receipt requested. You are required to do this if the manufacturer or dealer mandates this and gave you a written copy of this requirement. Once you give your notice, you can take it in one more time for a total of three repair attempts, or for nine more days (for a total of 30 days), and then seek relief under NY Lemon Law.
As with other types of Lemon Law claims, organization is key to presenting a convincing case. Keep spotless records of every malfunction and problem you have had with your RV since you bought it. Save all of the paperwork that you received every time you brought your RV to be serviced. Catalog the days the RV spent in the shop and out of your possession. Remember, the more organized your evidence is, the more likely it is that your attorney can win your case.