RVs, Motorhomes, Trailers, 5th Wheels, Toy Haulers and the California Lemon Law

The California Lemon Law covers RVs, motorhomes, trailers, 5th wheels and toy haulers. The Lemon Law’s applicability regarding these products can be confusing, challenging and interesting. Without getting too much into the legal weeds let me explain. The California Lemon Law covers all “consumer goods” sold in the State of California. The Lemon Law also covers what are described as “new motor vehicles.” Although the Lemon Law’s applicability related to “consumer goods” and “new motor vehicles” is similar, there are some differences.  For example, the proof needed to establish a “consumer good” as a lemon is not as stringent as proving a “new motor vehicle” is a lemon.  Further, the Lemon Law remedies are slightly different for a consumer good as opposed to a “new motor vehicle.”

Trailers, 5th wheels and toy haulers will always be considered “consumer goods” under the California Lemon Law. Why? Because these products have no self propulsion. 

Where it gets really interesting is the Lemon Law’s applicability to motorhomes.  The Lemon Law treats part of the motorhome as a “consumer good” (the livable portion) and part of the motorhome as a “new motor vehicle” (engine, transmission, chassis, chassis cab, etc.).  So if one is having problems with the livable portion of the motorhome the “consumer good” sections of the California Lemon Law would apply.  Examples of these types of problems would be – slide-out issues; plumbing issues; house generator issues; frame/structure issues; roof issues; siding issues; cap issues; furniture issues; house electrical issues; house gauge issues; etc.  If one is having the following problems with the motorhome, the “new motor vehicle” section of the Lemon Law would apply – engine issues; transmission issues; fuel issues; drive-line issues; chassis issues; propulsion related electrical issues; etc.

The bottom line is the California Lemon Law does apply to RVs, motorhomes, trailers, 5th wheels and toy haulers.  However, the applicability of the Lemon Law to these products variesy.  To navigate the complex factual and legal issues related to these products and the California Lemon Law it is necessary that one has the assistance of an experienced attorney.  So if you are having problems with your Keystone, Thor, Winnebago, Fleetwood, Forest River, Jayco, Newmar, Coachmen, Airstream, Entegra, Casita, Dutchmen, Gulf Stream, American Coach, Monaco, Newmar, Tiffin, Pacific Coachworks, Heartland, Highland Ridge, Lance, Starcraft, Grand Design, Genesis Supreme, or any other make or model product, feel free to contact us at (866) 360-6886 or info@davidjfarrell.com. We will be happy to provide you with a free consultation.                

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