United States Court of Appeals For the Seventh Circuit ____________________ No. 20-1949 BEVERLY ZYLSTRA and BERNARD ZYLSTRA, Plaintiffs-Appellants, v. DRV, LLC, Defendant-Appellee. ____________________

Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. No. 1:18-cv-00266-WCL-SLC — William C. Lee, Judge. ____________________

ARGUED DECEMBER 11, 2020 — DECIDED AUGUST 10, 2021 ____________________

Before ROVNER, HAMILTON, and SCUDDER, Circuit Judges. ROVNER, Circuit Judge. Bernard and Beverly Zylstra spent close to $100,000 on a brand-new recreational vehicle in order to enjoy travel and recreation during their retirement years. One can imagine their disappointment when they began to collect a long list of defects, large and small, as they began their adventures. As the list grew, so did their frustration un- til, on August 27, 2018, they filed suit against the manufac- turer, DRV, LLC, for breach of express and implied 2 No. 20-1949 warranties under state law, violation of the federal Mag- nuson-Moss Act (MMWA), and violation of state deceptive practices acts. Although we sympathize with the frustrations the Zylstra’s experienced trying to rectify the long list of prob- lems, we uphold the district court’s grant of summary judg- ment for DRV, as even in the light most favorable to the Zyl- stras, DRV never had a reasonable opportunity to repair the defects as required under the warranty and therefore the Zyl- stras’ claims cannot survive. I. The Zylstras purchased their RV from non-party Bradley Bourbonnais Chevy Hundai RV in Bourbonnais, Illinois for $91,559.15. The RV came with a one-year warranty that war- ranted that the portions of the RV manufactured by DRV that were not otherwise excluded would be “free from defects in material and workmanship supplied and attributable to DRV during normal use.” R. 28-8. Under the terms of the warranty, “[w]ritten notice of defects subject to warranty coverage must be given to the selling dealer or DRV … within 30 days after the defect is discovered … no later than 30 days after [the war- ranty] expiration.” Id. In addition, “the owner shall contact the selling dealer or the Factory if a problem occurs which may be directly covered by this warranty with sufficient in- formation to resolve the matter,” and the owner is required to take the RV to the selling dealer or factory for repair. Id. Unlike an automobile, each DRV vehicle is custom built for the purchaser. Consequently, as with a custom-built home, there are almost always adjustments and repairs to be made after the sale. Thus, after the Zylstras purchased the RV, but before delivery, the dealer performed some of these tweaks while waiting for the Zylstras to pick up the vehicle. No. 20-1949 3 The Zylstras neither requested nor knew about these pre- pick-up repairs and adjustments. The Zylstras assert that a Bradley salesman later informed them that the vehicle had been “cannibalized” while on the Bradley lot, but they do not assert any claims about specific items that were missing or re- placed with inferior items. R. 28-3 at 13. Once the Zylstras retrieved the RV, they went for a two- day camping trip to put the vehicle to the test. During that trip, they made a punch list of about seventeen items, most of which were relatively minor, ranging from items like a miss- ing screw in an overhead compartment to a leaky toilet valve. Less than a week after dropping off the RV at the dealer for those repairs, the Bradley service manager called the Zylstras to inform them that the techn