I read a great article yesterday from RVtravel.com, which had the following title “Federal judge calls Thor’s warranty a scheme to deprive RVers of rights”. It was written by Ron Burdge, who is an RV Lemon Law attorney who represents RV owners in warranty suits.
Interestingly enough, the worm may be turning for the RV industry, at least in California, but probably elsewhere. The ramifications of what is happening in California will probably have a ripple effect for everyone.
I have warned folks in our books, that the purchase agreement on a travel trailer will probably state that any litigation will need to be done in the state where the trailer was manufactured. They do this to discourage litigation. Who wants to get involved in a court battle 900 miles from home?
In addition to this point, Thor’s warranty specifies that owners would not have the right to a jury trial. This is contrary to California law.
A California Judge in 2023 called Thor’s practice a “scheme”. He refused to allow Thor to have the case transferred out of the California court, noting that the enforcement of a clause “drafted in bad faith would be condoning, or at least not discouraging, an illegal scheme.
What does this mean for the typical RV buyer? Probably two things:
- Read your contract carefully to understand what the Manufacturer state are your “rights”.
- If you have issues with your RV, you may have remedy through an attorney such as Ron Burdge, who states “just because it’s in writing doesn’t mean you are stuck with it”.
Remember, the contract is written for the manufacturer’s protection not yours. In addition, the RVIA is a lobbying group for the RV manufacturers and Dealers. Don’t assume that the little RVIA sticker next to the door on your trailer means these folks are backing you as a consumer – they are not. When the industry promotes and celebrates the defeat of Lemon Law legislation, that tells you something very important.
Happy travels, be safe!
RV Warranty a Scam?
I read a great article yesterday from RVtravel.com, which had the following title “Federal judge calls Thor’s warranty a scheme to deprive RVers of rights”. It was written by Ron Burdge, who is an RV Lemon Law attorney who represents RV owners in warranty suits.
Interestingly enough, the worm may be turning for the RV industry, at least in California, but probably elsewhere. The ramifications of what is happening in California will probably have a ripple effect for everyone.
I have warned folks in our books, that the purchase agreement on a travel trailer will probably state that any litigation will need to be done in the state where the trailer was manufactured. They do this to discourage litigation. Who wants to get involved in a court battle 900 miles from home?
In addition to this point, Thor’s warranty specifies that owners would not have the right to a jury trial. This is contrary to California law.
A California Judge in 2023 called Thor’s practice a “scheme”. He refused to allow Thor to have the case transferred out of the California court, noting that the enforcement of a clause “drafted in bad faith would be condoning, or at least not discouraging, an illegal scheme.
What does this mean for the typical RV buyer? Probably two things:
Remember, the contract is written for the manufacturer’s protection not yours. In addition, the RVIA is a lobbying group for the RV manufacturers and Dealers. Don’t assume that the little RVIA sticker next to the door on your trailer means these folks are backing you as a consumer – they are not. When the industry promotes and celebrates the defeat of Lemon Law legislation, that tells you something very important.
Happy travels, be safe!
john.martini.patterson@gmail.com
February 18, 2024
Blog, Industry Commentary
A guide to enjoying your travel trailer, A guide to help you decide, I go where Im towed, RV lemon law, Travel Trailer, travel trailer blog, Travel Trailer Blogs, Travel Trailer Nation, travel trailer nation blog, warranty, Your guide to purchasing a travel trailer