Mathews v. REV Recreation Group, Inc., No. 18-1982 (7th Cir. 2019)
Annotate this CaseThe Mathews purchased an RV from a dealer which came with a warranty from the manufacturer, REV, which limited both express and implied warranties to one year from the purchase date. The warranty stated that “[i]f the repair or replacement remedy fails to successfully cure a defect after [REV] received a reasonable opportunity to cure the defect[], your sole and exclusive remedy shall be limited to Warrantor paying you the costs of having an independent third party perform repair(s).” The Mathews were told about the warranty when they bought the RV, but they were not initially given a hard copy. The Mathews say that they encountered problems with the RV almost immediately and several times thereafter. Dealerships completed some repairs; REV completed others and issued an extended goodwill warranty. The Mathews did not report all of the problems but eventually asked REV to buy back the RV. REV declined and they filed suit, alleging breaches of express and implied warranties and violations of the Indiana Deceptive Consumer Sales Act and the Magnuson–Moss Warranty Act. They claimed that REV had failed to fix numerous problems,15 U.S.C. 2310(d)(1). The Seventh Circuit affirmed summary judgment in favor of REV. Although the Mathews “bought a lemon,” they have not shown that REV failed to honor its warranties or that the warranty provisions were unconscionable,
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