Blankenship sails on

The plaintiff in the Janis v. Workhorse case has moved to dismiss her appeal, so the summary judgment for the RV seller on her UCC revocation claim will stand. It also means that Blankenship v. Northtown Ford, Inc. will again escape scrutiny by an Illinois reviewing court. Blankenship permits a dissatisfied car or RV buyer to pursue buy-back (known in legal jargon as “revocation of acceptance”) based on product defects even where the seller makes no warranties about the quality of the vehicle. The prospect of buy-back often motor vehicle sellers and manufacturers (who indemnify sellers) to settle cases – and to pay more to do so – they would contest. The belief here is that this also leads to higher retail prices.

Had the appeal gone forward, it presented an opportunity for Illinois to rid its jurisprudence of a poorly decided decision and its wide-ranging negative impact. This reform will have to wait.

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Filed under Court Decisions, Warranty

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