My Custom Shop, Inc., (MCS) bought an 18-year-old Ford Ranger truck with 178,000 miles at auction for

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My Custom Shop, Inc., (MCS)

bought an 18-year-old Ford Ranger truck with 178,000 miles at auction for about $1,300. MCS made several improvements to the vehicle and then sold it to Seth Kiewiz for $3,800, verbally promising to replace any malfunctioning parts that it had installed. Both the purchase contract and the “sticker” attached to the truck’s window stated that the vehicle was being sold “AS IS,” without any warranties.

Kiewiz immediately noticed problems with the truck’s engine and brakes. After MCS made several failed attempts to resolve these issues, Kiewiz demanded a full refund. MCS refused. Kiewiz sued, claiming breach of the implied warranty of merchantability. Should Kiewiz be able to return the truck for a full refund?

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Business Law Text And Exercises

ISBN: 9780357717417

10th Edition

Authors: Roger LeRoy Miller, William E. Hollowell

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