Motorhome Lemon? Use California Law to Get Justice
If your motorhome’s covered components keep failing during the warranty period and the manufacturer cannot fix the problem after reasonable repair attempts, California’s lemon law may entitle you to a repurchase, replacement, or cash compensation—plus incidental damages and attorney’s fees. Questions about your specific situation? Contact us.
Does California’s Lemon Law Cover Motorhomes?
Yes—California’s Song-Beverly Consumer Warranty Act can cover certain parts of a motorhome. In particular, coverage for “new motor vehicles” typically applies to the motorized portions (like the chassis, chassis cab, and drivetrain) supplied by the vehicle manufacturer. By statute, habitation components of a motorhome are treated differently and are not included in the “new motor vehicle” lemon provisions, though they may be covered by separate coach or component warranties. See Cal. Civ. Code § 1793.22.
What Qualifies a Motorhome as a Lemon?
A motorhome may qualify when a substantial defect arises during the warranty period and the manufacturer (or its authorized repair facility) cannot repair the vehicle after a reasonable number of attempts, or the vehicle is out of service for an extended period. The statute provides remedies when repairs are unsuccessful, and it also contains a rebuttable “reasonable number of attempts” presumption in certain circumstances. See Cal. Civ. Code § 1793.2(d) and § 1793.22. Safety-related defects, serious drivability issues, and repeated failures that substantially impair use, value, or safety are common triggers. Detailed service records are essential.
New vs. Used Motorhomes
New motorhomes sold with the manufacturer’s express warranty generally fall within the lemon law provisions for covered (motorized) components. Used motorhomes can also be covered if they are still within, or otherwise covered by, a manufacturer’s written warranty (for example, remaining factory warranty or a manufacturer-backed certified program). By contrast, dealer service contracts or third-party service contracts do not, by themselves, create lemon law rights because they are not “express warranties” under Song-Beverly. See Gavaldon v. DaimlerChrysler Corp., 32 Cal. 4th 1246 (2004); see also Cal. Civ. Code § 1791.2.
Your Potential Remedies
If your motorhome qualifies, the manufacturer may be required to provide a repurchase (buyback) or replacement. The repurchase calculation includes a mileage offset (a usage deduction) based on miles driven before the first repair attempt. Consumers may also recover incidental and consequential damages, and prevailing buyers can recover reasonable attorney’s fees and costs. See Cal. Civ. Code § 1793.2(d) (repurchase/replacement and mileage offset) and § 1794 (damages and attorney’s fees; incidental and consequential damages incorporate Cal. Com. Code § 2714 and § 2715).
Key Steps to Protect Your Claim
- Report problems promptly to an authorized dealer; keep copies of all repair orders and communications.
- Describe symptoms clearly and ensure each concern is documented on drop-off and pick-up.
- Do not skip repair attempts—return if the issue persists.
- Preserve evidence: photos/videos, diagnostic codes, tow receipts, and out-of-pocket costs.
- Review your warranty booklet and any coach/component warranties to identify who is responsible for each defective part.
- Speak with a California lemon law attorney early to evaluate strategy and deadlines. We can help.
Habitation vs. Drivetrain Issues
California law often treats motorhome components differently. Engine, transmission, chassis, and chassis cab defects are typically evaluated under the vehicle manufacturer’s warranty obligations. Appliances, HVAC for the living space, slide-outs, and other habitation systems may be covered by separate coach or component makers. The statutory “new motor vehicle” lemon provisions exclude portions of a motorhome designed primarily for human habitation. See Cal. Civ. Code § 1793.22.
Arbitration and Manufacturer Dispute Programs
Some manufacturers maintain dispute resolution programs. Participation can be voluntary, but in certain circumstances it relates to the statutory presumption about a reasonable number of repair attempts. Before agreeing to any process or signing releases, talk to counsel. See Cal. Civ. Code § 1793.22(c).
Evidence That Strengthens Your Case
- A chronological log of each defect and repair visit
- All repair orders, warranty claim printouts, and parts/labor line items
- Proof of days out of service and tow/transport invoices
- Communications with the dealer and manufacturer (emails, call logs)
- Expert inspections or diagnostic reports when appropriate
Timing Considerations
California law imposes deadlines that can bar claims if you wait too long. The specific time limits can vary based on your warranty, claim type, and facts. Because timing issues are critical and fact-dependent, consult counsel promptly to evaluate your situation. Start a consultation.
How a Lawyer Can Help
An experienced California lemon law attorney can analyze warranty coverage for both chassis/drivetrain and habitation components, coordinate with multiple manufacturers, evaluate whether your repair history meets legal standards, and press for a buyback, replacement, or cash settlement. Because prevailing buyers may recover attorney’s fees and costs, many cases can be handled with no upfront cost to you. See Cal. Civ. Code § 1794(d).
Practical Tips
- Photograph warning lights and error codes before service visits.
- Request a road test with the technician to reproduce the concern.
- Politely decline to sign any broad release without legal advice.
- If the coach maker and chassis maker point fingers, open claims with both.
Owner Checklist
- Warranty booklet and all addenda located
- Every repair order copied and organized by date
- Mileage at first repair attempt documented
- Days out of service totaled
- Out-of-pocket expenses saved with receipts
- Written notice sent to manufacturer, if applicable
FAQ
Do habitation defects ever qualify under California’s lemon law?
The “new motor vehicle” provisions generally exclude the parts designed primarily for human habitation. However, those items may carry separate express warranties from the coach or component manufacturers that can provide remedies.
How many repair attempts are required?
There is no magic number, but California law provides a rebuttable presumption in certain conditions. Safety defects may require fewer attempts than minor issues. Strong documentation helps establish your case.
Can a used motorhome be a lemon?
Yes, if a manufacturer’s written warranty still applies at the time of sale or repair, the covered motorized components may qualify.
Will I have to go to arbitration?
Not necessarily. Some programs are optional. Speak with counsel before entering any dispute process or signing releases.
Ready for help? Take the next step and contact our California lemon law team to review your options.
Helpful References
- Cal. Civ. Code § 1793.2
- Cal. Civ. Code § 1793.22 (Tanner Consumer Protection Act)
- Cal. Civ. Code § 1794
- Gavaldon v. DaimlerChrysler Corp., 32 Cal. 4th 1246 (2004)
- California Department of Consumer Affairs – Lemon Law Guide
Disclaimer (California): This article provides general information on California law and is not legal advice. Reading it does not create an attorney-client relationship. Laws and deadlines change and vary by facts. Consult a qualified California attorney about your specific situation.