7-Year Battle Over $45,000 Lemon : Couple to Get Refund After a Long Journey
A Cypress couple who bought a $45,000 motor home knew they had a lemon when, on a trip to Canada, the brakes and transmission failed twice, the engine blew up and the coach caught fire.
On Thursday, a state appellate court told Gerald and Pamela Byrd, now of Lake Arrowhead, that they may return the 33-foot vehicle they bought nearly seven years ago for the full purchase price.
The Byrds bought the home from Foretravel of California Inc. of Irvine in May of 1980 as a new vehicle, although it had been driven 3,750 miles. The 4th District Court of Appeal ruled that Foretravel failed to stand behind a 12-month, 12,000-mile warranty, calling the company’s claims that the defects were minor “untenable.”
“There were minor problems,” the court said in its written opinion. “One of the batteries disintegrated on the motor home’s maiden voyage; the dipstick was wrong for the engine; the air conditioner compressor was defective; the television was defective; all engine gauges had to be repaced; the transmission gauge light was inoperative; the fire indicator was defective; the water heater could not be shut off; the heater control was inoperative and the shock absorber was loose.
“However, there were also major defects. In fact, one gets the impression from the record that while the odometer reflected 3,570 miles at time of purchase, this vehicle was well traveled and in need of major work to make it safe. The brakes were defective from the very outset, and the transmission was malfunctioning before Mr. Byrd got over the Grapevine.”
Before the Byrds could get to Canada, the brakes had failed twice, the transmission had failed twice, and then “the engine blew up and the coach caught fire,” the opinion said.
The court found that the seller had made numerous misrepresentations about the condition of the vehicle and the warranty, which meant that the Byrds could cancel the purchase and get a refund.
The vehicle was manufactured in Florida by Foretravel, whose attorneys could not be reached for comment Thursday.
