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Sales Keyed to Keating
Wilbur v. Toyota Motor Sales, U.S.A.
Citation:
86 F.3d 23 (1996)Facts
On May 18, 1992, Nicolyn Wilbur purchased a 1992 Toyota Camry from Tri-Nordic Toyota for $18,600. The vehicle had approximately 5,800 miles and had been used as a dealership demonstrator. Before purchase, Tri-Nordic informed Wilbur that the car had been in a rear-end collision in October 1991 requiring nearly $4,000 in repairs when a dealership employee used it for a foliage tour. Tri-Nordic assured Wilbur the car was fully repaired with no structural damage. The Toyota New Vehicle Limited Warranty provided to Wilbur stated the warranty commenced on the in-service date, which Tri-Nordic filled in as May 18, 1992, the purchase date. The warranty excluded repairs resulting from accidents. After purchasing the car, Wilbur discovered multiple defects including a malfunctioning ABS braking system, trunk leak, and creaking noise. Toyota dealers refused warranty coverage, claiming the vehicle had sustained structural damage in an accident, with repair estimates reaching $9,500. The car’s value was appraised at only $10,000 in its damaged condition.
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