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Old 06-03-2015, 04:00 PM   #1
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Can anyone recommend a RV Lemon Attorney in Colorado?

We have tried to love our Motor Home. After 2 years of ownership, 5 repair attempts and 8 months of it being in dealership service departments to repair a water leak we are throwing in the towel. The only time it does not leak is when it is in our storage building. Thor is really no help at this point.

Can anyone recommend an attorney that handles these type of cases in Colorado?
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Old 06-03-2015, 04:12 PM   #2
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yikes.

interesting advice here.
How to Get Rid of a Lemon Rv or a Lemon Motorhome - Avvo.com

grain of salt, but you 'might' gleen something... there really is a "process" to how you go about it.
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Old 06-03-2015, 04:15 PM   #3
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"The Colorado lemon law on new cars covers only NEW self-propelled vehicles, including pickups and vans. Motor homes and motorcycles are excluded from the Lemon Law."

Trying to see if I can find this in an ACTUAL state issued statute - the page I got this from makes appear that it IS from the statute word for word, but I would like to fully verify that myself.
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Old 06-03-2015, 04:19 PM   #4
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In reading further it states

"The information in this brochure is based on Sections 42-10-101 through 107 of the Colorado Revised Statutes. " So at least that gives you a statute number to investigate.

I would find those statutes and read them. If in fact the RV's are left out of this law, then you only have three recourses....

1) Follow the appropriate track of demand, sort of outlined loosely in the first link I sent you. This would lead to demand being met or a civil lawsuit occurring, which I think is just fine to do.

2) Trade the unit in or sell it outright.

3) Live with the leak, or continue attempting to fix the leak.

It stinks, I know - I suppose you could light it on fire for the insurance money too.. just kidding, don't do that. Too bad you didn't have it parked down here in Texas a week ago... the flood would have fixed your problem ASAP
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Old 06-03-2015, 04:20 PM   #5
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OH and one other thing, I would consider driving it to the manufacturer for service, they might be able to get it done right.
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Old 06-03-2015, 08:24 PM   #6
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Or park it outside the dealership with a sign that reads "My MH leaks and this dealer won't help me"....Squeaky wheel and all that. Good luck
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Old 06-03-2015, 08:30 PM   #7
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Quote:
Originally Posted by plasma800 View Post
It stinks, I know - I suppose you could light it on fire for the insurance money too.. just kidding, don't do that. Too bad you didn't have it parked down here in Texas a week ago... the flood would have fixed your problem ASAP
I know of a retired fireman from CA that somehow left his motorhome in a fire prone area and of all the bad luck it burned up. Strange since his new GF didn't like RV'ing and he knew the fire area well. Hmmm....
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Old 06-05-2015, 10:37 AM   #8
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It appears, per the Colorado Attorney General's Office, that the CO Lemon Law does not apply to motorhomes. Or to trailers (self-propelled only). See Automobiles | Colorado State Attorney General

That doesn't mean you cannot sue for non-performance under regular commercial/civil law, part of a legal concept called fitness & merchantability. A vehicle that cannot be repaired adequately might be considered unsuitable for its intended use. However, the onus would be on you to show that, and the legal wrangling likely to be long and expensive. Usually better to negotiate a solution with Thor and the dealer. You may also be able to request arbitration, either binding or voluntary, through the Council of Better Business Bureaus. I think they work with Winnebago, so maybe Thor too?
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Old 06-05-2015, 10:40 AM   #9
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This firm claims experience in helping with vehicle related issues. I have no knowledge of how well they perform, fees, or anything like that. Caveat Emptor.
Wynkoop & Thomas P.C. Colorado Lemon Law Attorneys - Colorado Lemon Law
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Old 06-06-2015, 02:06 PM   #10
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You probably haven't reached the right person at Thor!

I bought a 1997 Georgie Boy Maverick Class C, it had a 350 Ford Chassis. Did not have too many problems with the RV portion but had lots of problems with the Ford Chassis. First major issue was a cracked exhaust manifold, which was repaired under warranty but it took them + 3 months to get if repaired because the new replacement manifold was nonexistent due to design problem and warranty claims. Wrote a letter requesting an extension of the warranty >>> no response. Had the other side fail within the warranty window IF they would have extended it, another letter >>no response. Had the tires fail, Firestones during the tread separation fiasco another letter >>> no response. Had the transmission start to leak, replacement seal came with a warning stating "Original Seal Not Applicable for Heavy Duty Truck Application" another letter >> no response. The last issue I had was the oil pickup tube broke off at the flange that attaches it to the oil pump. I finally sent a registered letter to the CEO of Ford, William Clay JR and got a call from customer service. I explained all the letters, which I had copies of and was told I had sent them to the wrong address, there was a special division just for RV's. OH Well, I did not get any relief with my problems but told the customer service rep, who was arrogant and condescending, that I would tell this story to as many people as possible so whoever reads this is part of the group Congratulations.

As to the Thor issue, send a registered letter to the president of the company politely explain your situation and ask for assistance. Explain that if at that point you don't get satisfaction you will use this and any other forum you can find to tell your story. You could also mention legal action. All of this combined might make them do the right thing.

Good Luck
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Old 06-06-2015, 02:31 PM   #11
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I would first find out exactly what the lemon law in your state pertains to. I know in many states a claim has to be filed within the first year of ownership and there are many stipulations that have to be met. We did this here in Oregon on a Mazda pickup we bought, after hiring a lawyer and all the time and hassle the judge announced a verdict in our favor but gave Mazda one last chance to fix it, guess what on their final chance they fixed it right, imagine that...
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Old 06-06-2015, 03:59 PM   #12
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He stated "Colorado" and the Colorado statute is explicit: no motorhomes need apply.
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Old 06-08-2015, 08:50 PM   #13
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You have been dealing at the bottom--I assume with an authorized dealer. Now it's time to go to the top:

Mr. Robert W. Martin
Chief Executive Officer
Thor Industries, Inc.
601 East Beardsley Avenue
Elkhart, IN 46514-3305
Phone: 574-970-7460

CEO's just hate to receive letters from dissatisfied owners. I suggest you send him a letter--short and sweet. And don't hesitate to ask fairly to what you want to them to do.

I just think any leaking RV can be fixed properly with a first rate shop doing the work. Many large manufacturers have a company service center where they can fix virtually anything--even if means rebuilding the unit from scratch.

Go for it. If they don't try to satisfy you, your next step would be to have an attorney send a demand letter.
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Old 06-09-2015, 08:17 PM   #14
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Figured I would let you know where I am at in dealing with this.... Thor is trying to find a dealer that will let them fly a tech and all the parts needed to repair my coach. They realize I am serious about them repurchasing the coach. As of today they are finding out how bad the service side of their dealers really are. No local dealers are willing to work with them in this. Not sure what their plan B will be. I have been in touch with their executive leadership team.
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