Carrigg v. General R.V. Center, Inc.

Facts

In late 2016, Plaintiffs purchased an RV and a corresponding three-year service warranty from General R.V, with the service warranty to be performed by Cornerstone. Prior to purchase, Plaintiffs allege that General RV’s employees had made representations about the performance and condition of the RV, and also represented it was under an active 10-year manufacturer warranty. However, the purchase agreement included specific language disclaiming all express and implied warranties on the RV with a fully capitalized and bolded disclaimer statement. The agreement also included an integration clause stating that the purchase agreement represented the entirety of the contract between parties. Plaintiffs signed the agreement as well as other documents stipulating that the RV was being sold “as is.” Plaintiffs soon discovered that the RV had major structural problems and that the manufacturer warranty had expired two years prior to their purchase. Plaintiffs attempted to return the RV in exchange for another vehicle at the same price but General R.V. refused, explaining that the disclaimer of warranties in the purchase agreement voided any oral representations made to Plaintiffs prior to purchase. Plaintiffs also submitted several service claims to Cornerstone for repairs, which Cornerstone paid. Plaintiffs filed suit in the United States District Court for the Eastern District of Michigan against General R.V. and Cornerstone.