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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
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Tennessee Lemon Law re recreational vehicles - 5th wheels. I

Customer Question

Tennessee Lemon Law re recreational vehicles - 5th wheels. I purchased a 5th wheel from Boat N RV - the AC's don't work properly, the bedroom AC leaks on the bed; the heat worked a month or so - doesn't work. The sliders don't work. We lived in the RV from April 11,2015 to August 15,2015 and it has been parked ever since with me still paying for it. Still owe $34,000
Submitted: 6 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 6 months ago.

Was this purchased from a dealer; and if so was it a new or used RV?

Customer: replied 6 months ago.
Boat N RV was the dealer - 2007 - used
Customer: replied 6 months ago.
2009 Cedar Creek - not 2007
Customer: replied 6 months ago.
They assured us that everything was working...in fact the salesman took us back to the service department to let us know they were going through the entire rv to make sure everything was working
Expert:  LegalGems replied 6 months ago.

Unfortunately the Lemon Law does not apply to RV's (Please see here)

However, there is a consumer protection law codified at 47-18-104 listed here and below I included the most relevant provisions (which are illegal, and entitle the consumer to attorney fees and treble damages if the consumer successfully pursues a case):

(5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship approval, status, affiliation or connection that such person does not have;
(7) Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another;

Also there is the implied warranty of merchantability (meaning the items sold will be in such a condition so that it can be used as it normally would):

47-2-314. Implied warranty Merchantability Usage of trade.

(1) Unless excluded or modified (§ 47-2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.

(2) Goods to be merchantable must be at least such as:

(a) pass without objection in the trade under the contract description; and

(b) in the case of fungible goods, are of fair average quality within the description; and

(c) are fit for the ordinary purposes for which such goods are used; and

(d) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and

(e) are adequately contained, packaged, and labeled as the agreement may require; and

(f) conform to the promises or affirmations of fact made on the container or label if any.

(3) Unless excluded or modified (§ 47-2-316) other implied warranties may arise from course of dealing or usage of trade.

So that is applicable unless it is specifically waived.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 6 months ago.

I'm sorry; I am not set up right now to handle phone calls. If you would like to continue on this page, I will definitely do my best to get you the needed information. Please let me know if you would like to continue.

Expert:  LegalGems replied 6 months ago.

Checking to see how this worked out for you. Hopefully the dealer agreed to any negotiations so as to avoid the hassle of litigation.

Thank you for using JA; Thank you and take care.

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