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Sales Keyed to Whaley
Ramirez v. Autosport
Citation:
440 A.2d 1345 (1981)Facts
On July 20, 1978, Ernest and Adele Ramirez agreed to purchase a new camper van from Autosport for $14,100, trading in their existing van valued at $4,700. The contract provided for delivery on August 3, 1978. When the Ramirezes arrived on that date, the van had multiple defects including scratched paint, missing electric and sewer hookups, and missing hubcaps. Autosport’s salesman advised them not to accept it. On August 14, the van still had defects including wet cushions from open windows. The manager suggested they take the van anyway, but Mrs. Ramirez refused unless they could withhold $2,000; the manager would only agree to $250. Between August 15 and September 1, the Ramirezes repeatedly contacted Autosport about completing preparation. On September 1, they waited ninety minutes at the showroom with no assistance and left. On October 5, they met with Autosport with an attorney and rejected the van, requesting return of their trade-in. Autosport subsequently sold the trade-in to a third party for $4,995.
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