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Consumer Law Keyed to Pridgen, 5th Ed.
Sorchaga v. Ride Auto, LLC
Citation:
909 N.W.2d 550 (2018)Facts
Ride Auto purchased a pickup truck from a salvage yard for $6,770, knowing it needed engine repairs. After making cosmetic and minimal mechanical repairs, Ride Auto offered it for sale. Sorchaga test drove the truck but noticed the check-engine light was on and smoke coming from the tailpipe. Ride Auto’s salesman falsely told her these issues were due to a faulty oxygen sensor that could be easily fixed and that the smoke was normal for diesel engines warming up. When Sorchaga asked to have the truck scanned, Ride Auto’s owner claimed they could not because their mechanic was uncertified, and the salesman repeated the oxygen sensor explanation. Ride Auto also told Sorchaga she would receive a free third-party warranty covering repairs, though they knew the warranty did not cover salvage vehicles. Relying on these statements, Sorchaga purchased the truck and signed documents containing “as is” disclaimers. Immediately after purchase, the truck would not exceed 40 miles per hour and emitted excessive smoke. Eight days later, a dealer inspection costing $1,415 revealed the truck should not be driven and needed a $20,000 engine replacement.
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