A Wisconsin couple purchased an RV from a dealer in Illinois. They made a down payment by credit card over the phone in WI, then traveled to IL to complete the purchase. After having many problems, they demanded that the manufacturer, Winnebago, give them a new motorhome as the WI lemon law requires.
The case went to U.S. District Court where the judge ruled that the WI law covered only purchases by WI residents made in WI. Paying a down payment over the phone in WI did not constitute a purchase in that state so they were not covered under the law.
They did, however, get some resolution under the federal Magnuson-Moss Warranty Act. In this case, being WI residents was taken into account, which meant that not all repairs were covered. The article at RV Business News stated that in this case, "the court concluded that there was no implied warranty of merchantability between Winnebago and the couple. While some states have judicially imposed such a warranty between manufacturers and the ultimate consumers, the court found Wisconsin has not done so. Absent any privity of contract between Winnebago and the couple, the court held that no implied warranty existed." Residents of other states could have been covered.
If you are purchasing an RV in a state other than
your domicile, take a look at the lemon laws and other laws affecting
warranty coverage. They will make a difference if you later have
problems you can't resolve. Jaimie Hall Bruzenak
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