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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
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I purchased a 2014 Forest River Coachmen motor home in August,

Customer Question

I purchased a 2014 Forest River Coachmen motor home in August, 2013 for full-time RVing. In July 2014, following a 4 month trip out West, had approximately 52 warranty defects upon my return, (incorrect wiring, shower enclosure incorrectly installed, major leaks at the front cap due to improper installation, defects in back-up monitor, defects in both televisions, incorrect wiring in water pump, plus many not listed). During the time the motor home was in for repairs, a musty smell developed in front AC unit. Dealers' service department refused to do anything about it. Musty smell increasingly got worse, and I developed a breathing problem. In August, 2014 had a mold evaluation done and was told mold count was high that I needed to move out. Moved out in September to stay with a friend. At this time, started working via emails with Coachmen's factory service department in Middlebury, Indiana regarding mold on front AC unit coils plus a number of other major problems which had not been completed at the dealer service. In November, after finally convincing people in Indiana the problems were due to faulty construction/wiring and not lack of maintenance, it was agreed the motor home would be driven to Indiana and problems solved. Once again, it took until March, 2015 to return the motor home to me. During this time, it again took many emails to remind them to complete the problems in our agreement. Once I picked up the motor home, one problem still needed to be done by the dealer service department and three Indiana problems which had not been completed or satisfactory done (top front cap caulking (a manufacturing problem) was already cracking, paint on a new front grill is chipping off, and the four finder skirt trim had never been recaulked per our agreement.
Called dealer service last week here in Orlando and scheduled an appointment to take it back for these to be completed. Received a return call within 15 minutes stating they had to cancel appointment. When I asked why, was told they couldn't work on the motor home anymore that I needed to talk to the General Manager. He called back and was very angry (not sure why). He told me they did not want anything to do with the motor home or me. When asked why, he told me it was because I had not been nice to his employees. I have enough knowledge to realize that not being nice during this time with Orlando service department and later with factory in Indiana would not be to my benefit and would only alienate people working on the motor home.
Sent an email to Indiana over the weekend which was received this AM and have not heard back.
Due to being sick since April, this weekend was the first time I have taken the motor home out on the road. Many problems which occurred while Indiana was working on problems in the front of the motor home were detected. For instance, 12 volts not working, lock for high beams not working, head lights are out of alignment (could only see about 15 feet in front of the motor home, the power step motor is not working due to corrosion from the road salt on the way to Indiana in December and then return in March.
This motor home was not put together correctly in the beginning at the factory. Items which are too involved to go into at this time. I feel that Forest River Coachmen needs to continue to step up to the plate and take owner ship for their problems.
Please advise me what legal rights I have at this time.
Carolyn Susan Patch ***@******.*** (###) ###-####
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.
Hi!Customerhere. I'll do my best to assist you.I can only provide general information, so a follow up consult with a private lawyer is recommended.
A few minutes please as I look into this for you.
Expert:  LegalGems replied 1 year ago.
The Lemon Law protects consumers for up to 24 months after purchase.
Chapter 681, Florida Statutes provides remedies for persons who purchase or lease in Florida, new or demonstrator motor vehicles which have defects that cannot be corrected after a reasonable number of repair attempts, or which cause the vehicle to be out of service for a specified number of days because of repair. The vehicle must have been used for personal, family or household purposes; or acquired from the first owner for the same purposes during the first owner’s first 24 months of ownership; or the owner or lessee must be a person who is entitled to enforce the warranty. This law applies to any defect or condition that substantially impairs the use, value or safety of the vehicle that is reported to the manufacturer, or to the manufacturer’s dealer or other authorized service agent, during the first 24 months of ownership. Such defects can include, but are not limited to, faulty paint, leaks and mechanical problems.
If the manufacturer is not successful in repairing the same defect after three attempts, then the vehicle owner or lessee must notify the manufacturer of the defect in writing by registered or express mail to give the manufacturer a final opportunity to repair the defect. The manufacturer has 10 days from receipt of the notification to direct the vehicle owner or lessee to a reasonably accessible repair facility. After the vehicle is delivered to the repair facility the manufacturer has no more than 10 days to fix the defect (45 days for a recreation vehicle).
The manufacturer must either replace the defective motor vehicle or refund the full purchase price, depending upon the wishes of the vehicle owner/lessee, if the vehicle cannot be conformed to the warranty provided by law within a reasonable number of attempts. It is presumed there have been a reasonable number of attempts if either: 1) the same defect continues to exist after the final attempt by the manufacturer; or 2) the vehicle is out of service for repair of one or more defects for 30 or more cumulative days (60 days for a recreation vehicle) and the manufacturer or service agent had at least one opportunity to inspect or repair the vehicle after receiving the notice from the owner or lessee.
Here is a form for providing proper notice: http://myfloridalegal.com/pages.nsf/Main/83DF546E76248EBD85256CC9005CBCD0
Many people prefer to hire an attorney specializing in Lemon Law cases to help resolve the dispute.
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Expert:  LegalGems replied 1 year ago.
Here is a link to help locate an attorney:
www.findlegalhelp.org and http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm
Of course, should you have other questions please do not hesitate to post here.
If you found the information I provided useful, kindly rate positive as that is the only way the site is allowed to credit me so that I am compensated for the time I spent- which does not result in additional charges to the customer.
Thank you for extending this courtesy as I am an individual contributor so ratings are quite important , and take care!

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