Donald Snook wrote: > I was reading the Journal of the Kansas Bar Association today and it > has reports of recent decisions by the Kansas Court of Appeals. > There was a case about a guy who bought a 1995 Mercedes (it just says > it was a 320) for $17,000 in January 2005. It had over 135,000 > miles. The new owners discovered that the A/C didn't work. Of > course, it was the evaporator. They sued under the implied warranty > of merchantability. > > One of the seller's defenses was that he lost money on the sale. I > find that hard to believe. A ten year old E320 with over 135,000 > miles cannot possibly be worth $17,000. At any rate, the decision of > the Court is pretty interesting. Here is the text of the decision. I > agree with the dissenting judge.
IANAL, but if the car sold for fair market value for a 10 year old car, nobody checked the A/C, etc then I don't think the Hodges had any claim. However, since they payed $17k for it... I agree with the dissenting judge. For that price you would expect a car in near-mint condition! If I read that correctly, if there was an individual selling that car instead of a dealer they couldn't sue about an implied warranty of merchantability? This would be good to know for all of us that sell cars... So how much would all of those attorney fees cost? Surely more than the $4k in question! John _______________________________________ http://www.okiebenz.com For new parts see official list sponsor: http://www.buymbparts.com/ For used parts email [EMAIL PROTECTED] To Unsubscribe or change delivery options go to: http://okiebenz.com/mailman/listinfo/mercedes_okiebenz.com
