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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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We have a travel trailer which is one month out of warranty.

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We have a travel trailer which is one month out of warranty. The cap began fading well before that but we thought it was the coating they had applied and were not too concerned with them fixing it. The dealership has admitted that they have had several RV's returned for a faulty batch of paint. Ours fits in this catagory. The manufacturer at first refused the claim and then offered $1500.00 with us signing a waiver. The cap paint was quoted at around $3900.00. We are trying to work with the dealership but that does not look promising either. Do we have any recourse?
Thank you for your question.

The legal issue here is whether you can file a warranty claim after the warranty period for defect which occurred during the warranty period. California law provides that a warranty period acts as a statute of limitations on claims. That means that the defect must be claimed within the warranty period. By failing to claim the defect within the warranty period, the defect is waived.

Thus, under these circumstances you do not have any legal recourse and should accept the settlement offer.

Please let me know if you have further questions.

Best Regards,
ZDN
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