Consumer Protection Law

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This involves a used RV from a dealership & the warranty I…

Customer Question
This involves a used...

This involves a used RV from a dealership & the warranty I bought also disclosure laws

Lawyer's Assistant: What state is this in? And how old is the RV?

Louisiana &camper/RV is a 2014

Lawyer's Assistant: Have you contacted the manufacturer?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, when the salesman sold us the RV he said everything was ok with RV

Submitted: 9 months ago.Category: Consumer Protection Law
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Answered in 5 minutes by:
9/22/2017
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 9 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 12,279
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions. Additionally, Most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Customer reply replied 9 months ago
Should I hire an attorney for my problem?
The floor is rotten from a broken drain piece in shower & they are refusing to pay
even though we bought an extended warranty. We have only had the RV for app.3 months.
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 9 months ago

I would probably recommend hiring an attorney. This appears to be a violation of the implied warranty of fitness.. Under the Uniform Commercial Code section 2-315, which has been adopted in part or wholly by every state, it says, “Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.” All this means in plain English is that if a buyer is relying on the seller’s skill or judgment (e.g. if you rely on a lawn mower mechanic’s skill in choosing a blade for your lawn mower), then the mechanic warrants that the good will be fit for its particular purpose (cutting grass). Unless the goods are sold “as is,” then then a violation of that warranty may allow the buyer to recover damages.

This also appears to be a violation of the implied warranty of merchantability. Under section 2-314 of the Uniform Commercial Code, which has been adopted wholly or in part by all the states, sellers are bound by the implied warranty of merchantability. What this means basically is that the good(s) that you purchase will generally be acceptable. An example would be if someone purchased a vehicle. A seller warrants that the vehicle is going to be generally acceptable, fit for its ordinary purpose, and be of a generally understood type and quality. A violation of this will ultimately result in damages for the buyer. In your case, if the floor is rotten from a broken drain piece, then it is likely violating both the implied warranty of fitness and merchantability.

One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. Here is the link for the Arizona (Pima and Maricopa Counties) LRS - click here.

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