March 5, 2019
Auto Dealer Today publishes Tom Hudson's article on Illinois right to revoke case
On February 27, Auto Dealer Today published Tom Hudson's article entitled, "Impatient Consumer Loses Right to Revoke Acceptance on RV," in which Tom details a recent Illinois case where two consumers sued Vacationland for revocation of acceptance under the Magnuson-Moss Warranty Act, breach of the implied warranty of merchantability under the MMWA, and revocation of acceptance and cancelation of the contract under the Illinois version of the Uniform Commercial Code (UCC).
Consumers who buy goods that are subject to the federal Magnuson-Moss Warranty Act and the Uniform Commercial Code who feel that the goods are defective have rights and remedies for pressing their claims. Those rights and remedies, however, impose some duties on the buyers and provide some protections for the seller. In finding for Vacationland, the Appellate Court of Illinois noted that the plaintiffs did not establish facts that would satisfy their burden of showing that they provided Vacationland with a "reasonable opportunity to cure." Tom cautions that although courts in other states may not interpret their versions of the UCC in the same way, dealers may wish to refer to this case should they find themselves in a similar situation.
Tom Hudson is a founding partner of Hudson Cook, now Of Counsel to the firm, and has practiced consumer financial services law since 1973. He has focused his practice on matters relating to vehicle financing and leasing. The newest edition of Tom's CARLAW® F&I Legal Desk Book (8th edition) - The Answer Book for Finance and Insurance Professionals, has just been released.
Click here to read the full article in Auto Dealer Today.