Can filing Chapter 11 (bankrupt) protect a company from honoring warranty work on their products they sell?

I recently purchased a new Fleetwood RV from Outdoor World in Myrtle Beach SC. I am having a few problems with it that the warranty should cover. I am being told by the service department at Outdoor World that Fleetwood has filed for chapter 11 and will not honor the warranty work while they are in chapter 11. The service department manager also is telling me that their department can not do the warranty work either because Fleetwood has to approve it. I would never have purchased this RV if I had known that I would have this problem. Is this legal for a company to sell an item and then not honor the warranty work that is promised to the customer at the time of purchase?
Answer this question Add to list

Answers (3)

William A. Siebert

William A. Siebert

Contributor Level 3
File a claim in Fleetwood's bankruptcy. Outdoor World should be able to tell you where it is located.. You have three possible remedies:
1. Since An RV is a motor vehicle, the Federal government should have guaranteed Fleetwood's warranties in the stimulus bill.
2. You are a "priority creditor" of Fleetwood up to $10,000 in repairs.
3. Outdoor World's refusal to cooperate may be a deceptive trade practice in your state.

You should contact a specialist in ccnsumer law immediattely; the statutes of llimitations are very short.
1 0

dcknight

1. Outdoor RV World notifies all customers of any Chapter 11 bankruptcy for any of the products it sells. I guarantee you that you were notified that Fleetwood had indeed filed Chapter 11, and when the product was sold you were informed of this.
2. You were also notified that once Fleetwood does come out of Chapter 11 and is re-organized and we can file the warranty, we would gladly do so. These are unfortunate times for people other than yourself, and with that in mind you must respect there position as we gladly respect your position.
3. Chances are you purchased a Fleetwood Regal which is not a motor vehicle, rather a towable vehicle. It might not qualify for what was previously mentioned.
1 1
Ronald Lee Burdge

Ronald Lee Burdge

Contributor Level 7
Well, with those two answers in conflict, you should take your sales and repair and warranty paperwork to an experienced Consumer Law attorney near you and find out what your rights are under your state's laws. Trying to get anything out of Fleetwood is probably hopeless (get in line and hope for the best but expect the worst). Whether you can do anything against the seller will depend on whether or not the seller gave you any kind of warranty or maybe a promise about the Fleetwood warranty's applicability and that may depend on the sales paperwork and what it says. You need to talk to a local Consumer Law attorney who deals with this kind of case. Call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you or you can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.ohiolemonlaw.com/ocll-site/ocll-locate_local.shtml) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please check the box below.
0 0
Back to Search Results

Ask a Question

Get free answers from real lawyers.