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Sales Keyed to Whaley
Ventura v. Ford Motor Corporation
Citation:
180 N.J. Super. 45, 433 A.2d 801 (1981)Facts
Giuseppe Ventura purchased a new 1978 Mercury Marquis Brougham from Marino Auto Sales on April 12, 1978. Shortly after delivery, Ventura and his wife experienced persistent engine hesitation and stalling problems. Despite repeated attempts by Marino Auto to repair the vehicle under Ford’s limited warranty, the problems continued without resolution. Ford’s zone service manager, Stanley Bednarz, inspected the vehicle on July 13, 1978, and recommended replacing the exhaust regulator valve, but allegedly told Ventura there was nothing wrong with the car. The sales contract between Marino Auto and Ventura contained a conspicuous disclaimer of all warranties but also included an undertaking by the dealer to perform all terms of Ford’s owner service policy. Ford’s limited warranty promised to repair or replace defective parts within twelve months or 12,000 miles. Despite financial hardship, Ventura was compelled to continue using the defective vehicle.
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