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Contracts Keyed to Burton
Ramirez v. Autosport
Citation:
88 N.J. 277, 440 A.2d 1345Facts
The Ramirezes (plaintiffs) contracted with Autosport (defendant)—through salesman Donald Graff—for the sale of a new camper van and the trade-in of the van the couple currently owned. Autosport told the Ramirezes that it needed two weeks to prepare the new van. When the Ramirezes went to pick up the new van, they noticed several defects in the van, including scratched paint, missing electric and shower hookups, and no hubcaps. The Autosport salesman (who was not Graff) advised them not to accept the van. The Ramirezes contacted Graff several times, who told them each that the van was not ready. When Graff finally notified the Ramirezes that the van was ready, the Ramirezes went to Autosport. The Ramirezes waited for one and a half hours, but no one from Autosport came forward to talk with them. The Ramirezes left in disgust. Unbeknownst to the Ramirezes, Autosport transferred title to the van to them the next day. Later, the Ramirezes rejected the new van and requested the return of their trade-in. Autosport eventually sold the trade-in to another buyer. The Ramirezes sued Autosport seeking rescission of their contract.
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