Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Thank you for your queston.
Please permit me to assist you.
If I may ask, how long ago did you purchase this vehicle?
Mid April this year
How many repairs have you had to endure at this point all told?
I ask because depending on the amount, it may be considered a lemon.
Also, has it been out of service at this point for 30 or more days?
To date about 7- 8 deficiencies and not more than 30 days yet
Those issues may still permit you to claim that it is a lemon.
Under NY lemon law if there are 4 or more issues with the vehicle, you can claim that it is a lemon and seek a replacement
Please allow me to link you to the law so you can review it for yourself
You do have a duty and obligation to allow the dealer a reasonable time to repair
but if the repairs and issues are on-going, then you can demand that the dealer replace the vehicle outright to ensure that those issues do not exist.
We had to replace the entire electrical panel, the outdoor refrigerator, shower enclosure leaked, fuel pump failed on new generator, mirror fell off the door paneling, out door tv needs replacement. What is a reasonable time to repair and how long do we have to keep putting up with this approach. How to I force the dealer to replace it?
You send the dealer a list of all issues, give them a reasonable time to repair (for example 2 weeks), and state that if repairs are not done, you will consider retaining counsel and pursing them on basis of state lemon law.
That, generally is sufficient to get them to get the repairs completed.
So at this point, I am in no position to demand a new unit?
you are, since you had more than 4 defects, as I stated in my initial answer. But at least so far they may refuse as al the defects are really unrelated to one another
And that means you do have to at least provide them an option under good faith to repair. But if you are tired of repairs, please review the link I provided and claim that this unit is a lemon.
It would involve contacting the manufacturer and compelling them to act. For that you may need to retain an attorney to assist you.
Then I would by pass the RV sales and contact the manufacturer directly? but is there not an obligation of the seller to represent the product they are selling to the public?
No, you first contact the dealer. If they refuse, you escalate to the manufacturer.
There is also a duty to represent the product correctly, but this isn't the primary issue here--since so far the dealer has been making repairs, he has been complying with his duties to you.
You have to allow the dealer the ability to make repairs.
Well then, they have refused to replace the unit and insist the only remedy, stating that this is in conjunction with the manufacturer is to fix the "few" problems.
Great, then in that case you would need to contact the manufacturer
and if they still refuse, retain counsel.
Ok, I will attempt to contact the manufacturer and proceed this way. Thank you for your advice.
You are most welcome, and good luck to you. Please review the link I provided.
If satisfied, please do not forget to positively rate my answers to you so I may obtain credit. Thank you!