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Chapman v. Upstate RV & Marine3/14/2005
Heard November 10, 2004
AFFIRMED
John R. Chapman and his wife, Cynthia S. Chapman, brought this action seeking damages for breach of contract, breach of express and implied warranties, and revocation of acceptance. The Chapmans sought costs and attorney's fees under the Magnuson-Moss Act. Upstate RV & Marine, d/b/a Holiday Kamper & Boats-Piedmont ("Holiday") appeals from the judgment awarding the Chapmans damages, costs, and attorney's fees. We affirm.
FACTS
The Chapmans sought to purchase a thirty-two-foot houseboat of durable quality so that they could spend long weekends with their family camping overnight at the lake. After speaking with a salesman from Holiday and reviewing a pamphlet, they selected a boat manufactured by Tracker Marine, Inc, and purchased it from Holiday for $42,524. The negotiated boat included several features the Chapmans wanted: a rubberized mat on the roof for sunbathing; a cooking area with running water, a stove, grill, and table; a bathroom; sleeping quarters; a generator; a stereo; heating and air conditioning; an upgraded motor; and a three-axle trailer with guide rollers for ease in loading. The Chapmans' boat was delivered from Columbia to Holiday in Seneca on June 29, 1996. Upon inspection, Mr. Chapman noticed that the trailer did not have guide rollers, the boat was dented on the side, the lettering was coming off, the molding around the generator cover was coming off, the rubber mat on the roof had wood sticking through it, the bathroom door was scratched, the fender on the trailer was split, and the grill cover was cracked.
On July 1, 1996, the Chapmans attempted to take the boat to the lake for the first time. They realized the brakes on the trailer did not work properly, so they returned home. After having the brakes repaired, the Chapmans again attempted to use the boat. The Chapmans and their children became stranded on the lake overnight when the generator and battery failed. During that time, the carbon monoxide alarm went off and the children were soaked with rain because the canvas tent over the sleeping quarters leaked. Because the trailer did not have guide rollers, Mr. Chapman had to get into the water behind the boat and maneuver it onto the trailer when they wanted to leave.
The Chapmans also noticed numerous other defects and examples of poor workmanship. Some of the problems included poor sealing in the engine, a missing trim gauge on the motor, a cracked speaker cover, a leak in the sink, missing snaps on the canvas cover, a screen door which fell off, and a malfunctioning horn. The boat was taken to Holiday for repairs. However, when the Chapmans received the boat a month later in mid-August 1996, many of the problems were not fixed. The Chapmans took the boat out just two times after that closing, the Chapmans had to transport the boat to the Greenville store on January 16, 1997. The Chapmans were told the parts were purchased to make the necessary repairs. They checked on the progress of the boat every month thereafter. On June 19, 1997, the Chapmans were informed they could pick up their boat. When they arrived, a Holiday employee informed them that they had been misled, that the boat had not been repaired, and that the parts to repair the boat had been ordered.
The Chapmans intended to return the boat to Holiday at that time. However, Doris Vaughn, the new service manager for Holiday, persuaded them to allow the boat to be fixed and she would make sure it was done no later than the Chapmans' next long weekend, which was July 16, 1997. The Chapmans returned the following day to see if work had begun on the repairs. When they arrived a worker was pain
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