An RV buyer has sued Heartland RV and Camping World in the U.S. District Court for the Western District of Texas.
In June 2021, Plaintiff Michael L. Jones of San Antonio bought a 2021 Heartland Pioneer BH270 travel trailer from Camping World. The RV was manufactured by Heartland RV, an Indiana company wholly owned by Thor Industries, Inc.
Breach of warranty of merchantability
The complaint alleges defendants failed to deliver a serviceable vehicle and, once the buyer discovered mechanical discrepancies and defects, failed to repair defects and discrepancies under warranty. Jones’s complaint alleges that the defendants breached both express and implied warranties attached during the sales transaction and thereafter during the Plaintiff’s efforts to obtain repairs.
Plaintiff’s filing states that the problems with the Pioneer kept the travel trailer out of service and in the shop for over 200 days in its first year of ownership and operation. The complaint accuses Camping World of deceptive practices in the RV sale, stating that the Pioneer was “defective in materials and workmanship when delivered.” In addition, Camping World returned the trailer to Jones, representing that repairs were made when they were not made or were made in a deficient manner such that Plaintiff suffered “substantially impaired use, value, and safety.”
The lawsuit seeks relief and general, special, and actual damages, including treble damages, in accordance with the Texas Business and Commercial Code. It further asks the court to rescind the sale of the Heartland Pioneer and return the sales price, along with all costs associated with repeatedly returning the travel trailer to the shop, along with damages for loss of use, mental anguish, and for attorney’s fees and costs.