Page 39 - GIADA-May-2018-Final

THE CARLAWYER ©

inspected and was advised that the engine in the purchase documents ineffective." See
needed replacing. Sorchaga v. Ride Auto, LLC, 2018 Minn.
LEXIS 111 (Minn. March 21, 2018).
The buyer sued the dealership, alleging BE A GIADA CONVENTION
fraud and breach of the implied warranty So, there’s this month’s roundup! Stay legal,
of merchantability and seeking attorneys' and we’ll see you next month. n EXHIBITOR!
fees under the Magnuson-Moss Warranty
Act. The trial court granted judgment for Tom (thudson@hudco.com) is Of Counsel 2018 Convention & Expo
the buyer, awarding her $14,366 in damages and Nikki (nmunro@hudco.com) is a July 12-14, 2018
based on the price she paid for the truck and Partner in the law firm of Hudson Cook, Hyatt Regency Savannah
the cost of the inspection, plus attorneys' LLP. Tom has written several books and is 2 W Bay Street, Savannah, Ga 31401
fees and costs. The dealership appealed. the publisher of Spot Delivery®, a monthly
legal newsletter for auto dealers. He is the BASIC OPTION, $1495
The appellate court affirmed, as did the CEO of CounselorLibrary.com, LLC and Includes 2 registrations, an 8X10 booth
Supreme Court of Minnesota in this the Senior Editor of CounselorLibrary. with one 6’ table, 2 chairs, company
decision. The dealership argued that the com’s CARLAW®, a monthly report of legal sign, waste basket, & power/Internet
"as is" disclaimer barred the buyer's claim. developments for the auto finance and
The state high court disagreed, finding that, leasing industry. Nikki is Editor in Chief of ELITE OPTION, $2395
under Minnesota law, a warranty disclaimer CARLAW®, a contributing author to the F&I
is effective "unless the circumstances Legal Desk Book and frequently writes for Includes 4 registrations, an 8x20 booth
indicate otherwise." The high court Spot Delivery®. For information, visit www. with one 6’ table, 2 chairs, company
concluded "that [the dealership's] counselorlibrary.com. © CounselorLibrary. sign, waste basket, & power/Internet
fraudulent statements about the fitness of com 2018, all rights reserved. Single
the truck for the purpose for which a truck publication rights only, to the Association. NEW! SPECIAL UPGRADES AVAILABLE
is purchased are a circumstance that make (5/18). HC/4822-8265-6869v1. giadaconvention.org
the 'as is' disclaimers of implied warranties

we are. counselorlibrary.com

877-464-8326

GIADA Independent Auto Dealer MAY 2018 | 37