Contract For Sale And Purchase
The difference between Maintenance and Warranty on an RV
We have a contract with a couple that we are leasing to own/rent to own a fifth wheel camper. In the contract it states that we are responsible for all maintenance for the term of the contract. My definition of maintenance is repairs like flooring, hinges, paint, etc. Things we can fix our self's. The issue is the RV has electrical issues, AC going out, Awning separating from RV. These issues require a dealer to fix. Way beyond what we can do. I need to know how to proceed?
1 Attorney answer
I'm an Oklahoma attorney and not an Idaho attorney, so I am simply providing information about the general theory of contracts. For a more detailed response, you need to talk to an attorney in the place where the contract states for its choice of law. If your contract does not state a choice of law, it is possible the place where you live is not actually the law that applies to the contract. The law of the place where the buyers are located might apply. Typically, the words in a contract are to be interpreted in their usual and customary way and not in any technical way, unless the contract indicates otherwise. So, the dictionary meaning of "maintenance" may well be applied. I see two definitions in Merriam-Webster, both of which are not helpful to you because they are broad, not distinguishing between "maintenance" stuff like replacing brake shoes in a trailer's electric drum brake system and fixing or replacing broken things like an A/C unit that simply died after running non-stop during a heat wave. There may be some case law on this in the correct jurisdiction. Your really need to talk to a local attorney and show them the contract you have.