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Recommendation for lawyer for manufacturing issue?


rtate

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Lawyers are liscensed by the State. What State will you be filing a potential law suit in? You can call the State Bar Asso. for a referral by speciality in that state. Many local county bar associations also have lawyer referall programs. 

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On 10/1/2019 at 5:13 PM, rtate said:

Great, thanks! This is helpful. A lawsuit is the last thing that I want to do but I may require some at least legal advice.

Usually *advice* is free - but ASK - as a "consultation" may not be free.

Remember - attorney's fees can be astronomical !!

When he or she is "on the clock" - you better have DEEP pockets!

He or she shows up for a hearing or deposition - for some reason it's delayed or cancelled - you still owe for the time.

Also - YOU - are also "on the hook" for any staff work for things as simple as making copies.

Good luck.

 

 

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  • 11 months later...

The State where you are living and working is irrelevant. The State that you bought the product (motorhome) is the State whose Lemon Laws apply and where you would file your law suit if need be. That is where the product entered service. You need a Lawyer licensed in the State of purchase. 

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This thread was started a year ago--not sure why it was resurrected just to offer some incorrect information.

Regardless, the website linked to upthread is interesting.  Here's what it says about the firm's compensation:  "Since lemon laws authorize an attorney fee award and court costs, our law firm does not charge a retainer fee.  We also take the attorney fee award as our fees, so our clients face no financial risk."

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28 minutes ago, Kirk W said:

Probably a little late but there is information about the CO RV lemon laws from this link. 

Thank you, but that doesn't accurately reflect the law. I actually called that firm and was told that they were not currently accepting RV cases and that my camper would not be covered by the law regardless. I believe class A's with motors do fall under certain lemon law provisions in Colorado. But I have a truck camper and it does not. I called approximately 20 Colorado law offices and was given the same information repeatedly. Additionally, the consumer defect law in Colorado requires at least 4 consumers to have the same issue. I have a niche product and have not found 4 Colorado purchasers with the same issue. I have been attempting to resolve the issue with the manufacturer. My camper has been at the manufacturer for a few months and I am uncertain what is happening.

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Wow !  It's been approx a year since you posted your dilemma!

Looks like you are zero for twenty on legal assistance!

Lots of credit for patience and persistence.

Maybe it's time to take it to an independent repair facility, pay for repair out of pocket,  -or-  if too expensive - "ditch the niche" ??

Good luck with the ongoing Colorado Camper Saga!

.

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Not all States have a Lemon Law but all States must follow the Federal Magnason Moss Act regarding products that do not perform as they were designed to. You may not be able to find a lawyer that will take your case on a contingency basis but you may be able to find one who will take your case for an hourly fee. Just put a cap on the amount of hours so you don’t spend more that the fix will cost. Also if you do end up having to go to court, if you prevail, you may be able to ask for an attorney fee award. 

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On 10/8/2019 at 3:58 PM, rtate said:

Yes, I am aware how lawyers work. 

Note the above.

Mag-Moss Act - things that should be a "slam dunk" may not be!  The various "vehicle' forums are full of slam dunks that should (or do) fall under the act - but the plaintiff still comes out on the short end of the stick!

The mfgr most likely has a legal firm on retainer.  (His attorney's fees are covered = "deep pocket$")

Attorneys accepting cases on contingency - are usually personal injury variety (what the firm believes/knows  is a slam dunk *for them* and are often settled before the case is heard).

"just put a cap on" - the 'cap" may be gone at the first delay.  (Does the "cap" include filing fees, and other office chores?).

Appeal - You win - "they" appeal.  The appeal may be a very reasonable fee - and one paragraph for/by the defendant.   Back to square one.  Depending on the backlog, an appeal may take five (5)  years before being heard.  (Voice of experience!)

Court "may" award  what you paid in attorney fees if you are successful.  From experience,  "may" is not "will" - and can (were) a major expense!

Back to the OPs statement : - - "Yes, I am aware of how lawyers work." 

(So the above is redundant - posted as an FYI for others.).

IMO - after twenty (20) legal "turn-downs", suggest selling the camper "as is" with full and complete disclosure of what the problem is.  There's lots of DIY folks who want to take on a "fixit" project - if the price is right.

And - thanks for the sage advice regarding purchase of RVs in CO !!

.

 

 

 

Edited by Pappy Yokum
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On 9/27/2020 at 4:59 PM, rtate said:

I'm the OP. Yes, this post is a year old. My issue is still not resolved. Yes, the laws of the state where you purchased the RV is the prevailing law - do not ever buy an RV in Colorado. 

Or Florida...  Because we didn't return 4 times to the dealer we bought from to have the dealer attempt the repairs, we couldn't file a claim for all the water intrusion and rot issues we have had.

 

Edited by Alie&Jim's Carrilite

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