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By Stephen L. Swann

Abstract Warranty law in motor vehicle litigation remains somewhat of a “mystery ” to many attorneys... and some judges. For most of us, exposure in law school to the Uniform Commercial Code (UCC), Article Two, was not particularly satisfying. This discussion will hopefully provide a useful overview for the practitioner asking “Where do I go next.” I. WARRANTY LAW A. Overview In addition to the common law, there are three primary sources of warranty law for dealing with an attack of lemonitis, * not uncommon in the motor vehicle world. By some estimates, one out of ten new vehicles qualifies as a “lemon. ” By another estimate published in Automotive News, five percent of new cars sold in the United States are repurchased by manufacturers. Of course, for used motor vehicles, the chances of being stuck with a defective vehicle are even greater... sometimes due to a vehicle history of salvage and repair attempts, flood damage, or unsuccessful factory repairs and “lemon laundering.

Year: 2011
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