A San Angelo, TX, RV sales company is the subject of a lawsuit filed at the Tom Green County Courthouse, reports San Angelo Live News. A defendant in the case, Funtown RV, will have a court hearing July 31 on whether or not the plaintiff, Midland resident Kara Stephan, can have her case heard by a jury.
The lawsuit filed May 31 claims Funtown RV and the RV’s manufacturer, Forest River, Inc., sold Ms. Stephan a pile of junk. She alleges 77 defects in her brand-new, $80,000 2017 Cedar Creek Champagne RV Model 38ERK she bought from San Angelo’s Funtown RV location on May 19, 2017.
Among the defects, she alleges the water heater leaks, the hydraulic system does not function for the fifth-wheel’s landing gear and slide-outs, and the built-in wine cooler will not chill lower than 54 degrees F.
Ms. Stephan also alleges the one-year warranty she was told by the salesperson she would receive was unknowingly voided by her because she used the fifth-wheel as a permanent residence. She claims she told the Funtown RV sales person she intended to use the RV as her permanent home and the salesperson failed to warn her that would void the warranty.
Funtown RV’s lawyers replied that the salesperson was engaged only in “puffery,” which is not a liability under Texas law. If you plan to fulltime in your new RV, you would be wise to determine: 1. Will living fulltime in my RV void the warranty? 2. What defines fulltime? 3. What if I snowbird for 3 or 4 months a year and rent out my house when I am not there?
Or do you just hope to go under the radar and don’t say that you are planning to be a fulltimer and just deal with it if you get caught? It would be wise to be careful and thoughtful on the decisions you make when you are in the buying euphoria.