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Old 10-21-2020, 02:08 PM   #1
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Warranties implied by law

If your dealer says you are out of warranty, consider that almost all states have laws that say what you buy must be able to do what it is supposed to do. These are called "implied warranties" and are based on cases decided by Courts. They are very fact specific and can vary from case to case. You may want to consult a local attorney, but consider that small claims courts are intended for non-attorneys and your claim may be within their limit, generally $7,000 - $10,000 with one state $15,000. You'll have to find out whether your Court will accept estimates or actual bills for repairs, or if you will need a witness in Court to describe the problem, the work that has to be done, and how much it costs. Be sure to sue the manufacturer. Even if you don't win 100%, if you have a legitimate claim you may win something, or the manufacturer may agree to supply the defective part and you would have to install it yourself. Google "implied warranties" for general principles of law. Good luck!
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Old 10-21-2020, 02:21 PM   #2
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It may be noted that sometimes there is a conflict between the express and the implied warranties.
In such cases, the express terms shall prevail and the implied terms shall not be considered.

If dealer says you are 'out of warranty' then check terms/conditions of your warranty.
If expired....you ARE out of warranty
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Old 10-21-2020, 02:45 PM   #3
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For Texans, beginning a couple of months' ago, Texas small claims now go to $20,000.


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Old 10-21-2020, 05:20 PM   #4
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Originally Posted by Old-Biscuit View Post
It may be noted that sometimes there is a conflict between the express and the implied warranties.
In such cases, the express terms shall prevail and the implied terms shall not be considered.

If dealer says you are 'out of warranty' then check terms/conditions of your warranty.
If expired....you ARE out of warranty
And every RV I've ever seen has an expressed warranty.
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Old 10-21-2020, 05:23 PM   #5
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Originally Posted by Old-Biscuit View Post
It may be noted that sometimes there is a conflict between the express and the implied warranties.
In such cases, the express terms shall prevail and the implied terms shall not be considered.

If dealer says you are 'out of warranty' then check terms/conditions of your warranty.
If expired....you ARE out of warranty
That may vary by state. I'm virtually certain Washington doesn't have such a restriction. Implied warranties are a creation of state law.
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Old 10-22-2020, 10:08 AM   #6
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Quote:
It may be noted that sometimes there is a conflict between the express and the implied warranties.
In such cases, the express terms shall prevail and the implied terms shall not be considered.

If dealer says you are 'out of warranty' then check terms/conditions of your warranty.
If expired....you ARE out of warranty

An implied warranty is basically just grounds for a civil lawsuit. You can sue whether there is an express warranty or not IF you have sufficient cause. The implied warranty of "fitness and merchantability" may still be grounds for a lawsuit, even though the express warranty says no or has expired. Such lawsuits, however, are often time-consuming and expensive and thus not practical for most situations.
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Old 10-22-2020, 10:11 AM   #7
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Such lawsuits, however, are often time-consuming and expensive and thus not practical for most situations.
I agree. You'd likely need to have a major engine or transmission issue of a recurring nature, or something else that would make the vehicle very difficult to use over a period of time.
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Old 10-22-2020, 10:32 AM   #8
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the term "as is" is an implied warranty. it implies that the buyer assumes all problems that are known to exist with the item being sold. when it is a signed agreement, it becomes both express and implied. its yours warts and all.
you have a complaint only if you can prove that the seller "knowingly" lied about the condition of the item before or at the time of sale. you must have a witness to testify that a condition existed before the sale and was concealed by the seller.
we have personally gone thru this situation twice.won both, but lost a friend because he assumed we would pay for repairs long after the sale.
dont assume.... get it in writing. even as is can have conditions written into the agreement.
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Old 10-22-2020, 10:40 AM   #9
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the term "as is" is an implied warranty. it implies that the buyer assumes all problems that are known to exist with the item being sold. when it is a signed agreement, it becomes both express and implied. its yours warts and all..
It's actually the inverse. "As-is" means there are no warranties, express or implied.
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Old 10-22-2020, 11:14 AM   #10
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Originally Posted by rvcaptain View Post
Even if you don't win 100%, if you have a legitimate claim you may win something, or the manufacturer may agree to supply the defective part and you would have to install it yourself. Google "implied warranties" for general principles of law. Good luck!
If you lose in small claims court do you have to pay the manufacturer's attorney's fees?
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Old 10-22-2020, 12:08 PM   #11
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If you lose in small claims court do you have to pay the manufacturer's attorney's fees?
Probably varies by state, but since most states don't allow attorneys in small claims court . . ..

As a practical matter though small claims court is probably not a great forum for implied warranty claims just due to the complexity of the issue and the limits on damages.
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Old 10-22-2020, 12:19 PM   #12
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Section 2-317 of the Uniform Commercial Code (which may or may not have been adopted in your state with or without changes,, which means it is not 100% uniform in all states) states that the implied warranty of fitness for a particular purpose prevails over express warranties to the contrary.

Also someone posted a response saying that the limit in Texas is $20,000 in Justice Court. I didn'tsee that when I did a Google search a few weeks ago.
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Old 10-22-2020, 12:21 PM   #13
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Section 2-317 of the Uniform Commercial Code (which may or may not have been adopted in your state with or without changes,, which means it is not 100% uniform in all states) states that the implied warranty of fitness for a particular purpose prevails over express warranties to the contrary.
And the Magnusson Moss Act prohibits limiting or excluding implied warranties if there is an express warranty.
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Old 10-22-2020, 12:27 PM   #14
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Probably varies by state, but since most states don't allow attorneys in small claims court . . ..
Some years ago (in Texas) I sued a person in small claims court who's insurance company refused to pay me for an accident that was the other party's fault. His insurance company sent two lawyers.

I had only me and I won.
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