Interesting warranty case out of Washington State

sfsgm · 06-08-2021, 02:46 PM

Here is a warranty matter that RV foks should be aware of. If an RV sits on a dealers lot for more than two years, Forest River notifies the dealer that the warranty is void. But the dealer doesn't always notify the buyer. Read on:

https://www.courts.wa.gov/opinions/p...%20Opinion.pdf

TitanMike · 06-08-2021, 05:53 PM

Quote:

Originally Posted by sfsgm

Here is a warranty matter that RV foks should be aware of. If an RV sits on a dealers lot for more than two years, Forest River notifies the dealer that the warranty is void. But the dealer doesn't always notify the buyer. Read on:

https://www.courts.wa.gov/opinions/p...%20Opinion.pdf

In short, FR won. Buyer beware.

Would pay to check build date on any RV purchased and make Dealer put any warranty claims on older RV's in writing.

Also worth noting, this opinion by the Court is "Unpublished". We can all know about it but it can't be cited in any future court cases.

NavyLCDR · 06-08-2021, 08:30 PM

It would seem to me that the purchaser would have a case against the dealer that sold the trailer to them, not Forest River. If the dealer sold them the trailer claiming it was new with a manufacturer's warranty, and there is proof Forest River notified the dealer the warranty was considered expired, then it would seem like the dealer could be held responsible.

TeachTexas · 06-09-2021, 11:14 AM

In the opinion, it states that they already settled with the dealer.

TitanMike · 06-09-2021, 02:53 PM

Quote:

Originally Posted by NavyLCDR

It would seem to me that the purchaser would have a case against the dealer that sold the trailer to them, not Forest River. If the dealer sold them the trailer claiming it was new with a manufacturer's warranty, and there is proof Forest River notified the dealer the warranty was considered expired, then it would seem like the dealer could be held responsible.

FR has deeper pockets. Lawyers always go for the ones that have more $$.

Settling with a Dealer doesn't pay as well.

Big1 · 06-10-2021, 12:28 AM

Now this is good to know, thank you I will pass it on.

bucky53 · 06-11-2021, 04:42 AM

If FR is doing it all of the manufacturers are probably doing it.

dmctlc · 06-11-2021, 08:46 AM

I agree that this would be solely on the dealer. They were made aware that there was no longer a warranty yet they hid it from those that purchased it. Maybe I missed something but I only read about 60% of the findings and the things I saw that were issues wasn't anything major so I would've thought the dealer would just suck it up to make it go away. It would be interesting to know what the settlement from the dealer was and why they pursued FR themselves especially if they knew at that time the dealer was aware that FR canceled the warranty before they bought it and the dealer did nothing then to extend it. With that many extra miles you and years why did they hadn't sold it.

D W · 06-11-2021, 11:21 AM

Quote:

Originally Posted by TeachTexas

In the opinion, it states that they already settled with the dealer.

Sure does. The terms of that "settlement" remain unknown. Apparently, going after FR was an overreach.

Myself, I would have been very leery of a 2 year old left-over MH.

Adrian Gordon · 06-11-2021, 08:05 PM

Quote:

Originally Posted by TitanMike

FR has deeper pockets. Lawyers always go for the ones that have more $$.

Settling with a Dealer doesn't pay as well.

It's a warranty claim. The damages are going to be the same no matter who you settle with,

TitanMike · 06-11-2021, 08:24 PM

Quote:

Originally Posted by Adrian Gordon

It's a warranty claim. The damages are going to be the same no matter who you settle with,

Warranty was part of it but I think the misrepresentation also played a role and could yield punitive damages which is why deep pockets were sued.

whj469 · 06-11-2021, 09:39 PM

Interesting, my 2018 Cardinal 3825 FL is a Forest River product and when I bought it had been on the lot for almost a year and they gave me a one year warranty from the date that I drove it off?

Slow1 · 06-11-2021, 10:52 PM

It is interesting that the people settled with the dealership then sued Forest River. The dealership clearly knew that the warranty was no longer going to be honored by Forest River when the dealership cashed the check, the fine print most likely said cashing the check was acknowledgement of the cancelation of the warranty. Two years working at a dealership has taught me one important lesson. There are only two types of salesmen; used car salesmen and unemployed salesmen.

Adrian Gordon · 06-12-2021, 09:58 AM

Quote:

Originally Posted by TitanMike

Warranty was part of it but I think the misrepresentation also played a role and could yield punitive damages which is why deep pockets were sued.

I didn't see that the statute requiring the warranty provided for a punitive damages award, but I'll take another look. As to the misrepresentation, FR made no misrepresentation and the case for that was much stronger against the dealer than it was against FR, so the plaintiffs probably settled with the wrong party.

D W · 06-12-2021, 10:42 AM

Quote:

Originally Posted by Adrian Gordon

I didn't see that the statute requiring the warranty provided for a punitive damages award, but I'll take another look. As to the misrepresentation, FR made no misrepresentation and the case for that was much stronger against the dealer than it was against FR, so the plaintiffs probably settled with the wrong party.

To me, it looks like FR did everything they were legally obligated to do in accordance with their terms of service, and the Jury agreed. What we'll never know is the remedy between the dealer and the buyer.

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