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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 37448
Experience:  Run my own practice.
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I purchased a brand new 2013 Coachmen C-Class RV from a dealer

Resolved Question:

I purchased a brand new 2013 Coachmen C-Class RV from a dealer in Buffalo area. Our list so far: Electrical panel caught fire and almost burnt down RV--We were told it had build in GPS--but during pick up, it was not true.
The unit continues to sporadically make a thumping noise from the rear end, usually during acceleration from a dead stop on an incline--still needs to be looked and proven there is no issue.
Mirror fell off in bedroom on it's maiden voyage and smashed on the floor--
Propane leak and smell--resolved by Service Mgr.
Generator ran a few minutes, then when we tried to use at the camp site--would not start--now needs a new fuel pump
shower inclosure leaks all over floor when in use.
Rear electric refrigerator does not work/get cold
Outdoor television's speakers crackle when volume is turned up.
DVD works occasionally--do we have any other recourse other than to accept repairs?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Dimitry Esquire :

Thank you for your queston.

Dimitry Esquire :

*question

Dimitry Esquire :

Please permit me to assist you.

Dimitry Esquire :

If I may ask, how long ago did you purchase this vehicle?

Customer:

Mid April this year

Dimitry Esquire :

How many repairs have you had to endure at this point all told?

Dimitry Esquire :

I ask because depending on the amount, it may be considered a lemon.

Dimitry Esquire :

Also, has it been out of service at this point for 30 or more days?

Customer:

To date about 7- 8 deficiencies and not more than 30 days yet

Dimitry Esquire :

Those issues may still permit you to claim that it is a lemon.

Dimitry Esquire :

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

Dimitry Esquire :

Please allow me to link you to the law so you can review it for yourself

Dimitry Esquire :

http://www.ag.ny.gov/consumer-frauds/new-car-lemon-law-fact-sheet

Dimitry Esquire :

You do have a duty and obligation to allow the dealer a reasonable time to repair

Dimitry Esquire :

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.

Customer:

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?

Dimitry Esquire :

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.

Customer:

???

Dimitry Esquire :

That, generally is sufficient to get them to get the repairs completed.

Customer:

So at this point, I am in no position to demand a new unit?

Dimitry Esquire :

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

Dimitry Esquire :

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.

Dimitry Esquire :

It would involve contacting the manufacturer and compelling them to act. For that you may need to retain an attorney to assist you.

Customer:

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?

Dimitry Esquire :

No, you first contact the dealer. If they refuse, you escalate to the manufacturer.

Dimitry Esquire :

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.

Dimitry Esquire :

You have to allow the dealer the ability to make repairs.

Customer:

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.

Dimitry Esquire :

Great, then in that case you would need to contact the manufacturer

Dimitry Esquire :

and if they still refuse, retain counsel.

Customer:

Ok, I will attempt to contact the manufacturer and proceed this way. Thank you for your advice.

Dimitry Esquire :

You are most welcome, and good luck to you. Please review the link I provided.

Dimitry Esquire :

If satisfied, please do not forget to positively rate my answers to you so I may obtain credit. Thank you!

Dimitry Esquire :

Sincerely,

Dimitry Esquire :

Dimitry, Esq.

Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 37448
Experience: Run my own practice.
Dimitry K., Esq. and 9 other Traffic Law Specialists are ready to help you
Expert:  Dimitry K., Esq. replied 1 year ago.
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