Brittney Sutherin

SBU 340 -01- Business Law

Funk vs. Montgomery AMC Jeep Renault

Issue (21)
Whether or not the buyer of the car can revoke acceptance of the
contract with the seller and recover for misrepresentation?

Facts (37)
The buyer revokes the acceptance of the car sold to them due a
nonconformity in the car. They revoke acceptance after and only after
working with the seller on this persistent issue that was communicated upon
discovery.

Holding (14)
The court allowed the buyer to revoke acceptance of the contract with
the seller.

Rationale (28)
The usual outstanding time frame had an exception made due to the
knowledge of the nonconformity in the car of the buyer by the dealership
and the seller.