Smith v. Pesa

by
Plaintiff Jeffrey Smith appealed a circuit court granting judgment to defendant Milko Pesa d/b/a Auto Milko, on plaintiff’s small claim action seeking damages and other relief on the grounds that he validly revoked acceptance of the used motor vehicle the defendant sold him and that, by selling him the vehicle, the defendant violated RSA chapter 358-F. In February 2014, plaintiff purchased a 2004 Subaru from defendant “as is as seen.” Before purchasing it, he signed and/or initialed four documents, namely a receipt from defendant’s car dealership stating that plaintiff purchased the motor vehicle “as is as seen,” and containing statements in which defendant, as the seller of the motor vehicle, disclaimed “ALL WARRANTIES, EITHER EXPRESS OR IMPLIED.” After purchasing the motor vehicle, the plaintiff had it inspected by a Subaru dealership, and the vehicle failed inspection. Thereafter, the parties agreed that the vehicle would be inspected by an independent mechanic. According to plaintiff, the independent mechanic corroborated the opinion of the Subaru dealership that the vehicle was beyond repair. According to defendant, the independent mechanic opined that the vehicle required only the replacement of a missing part. Plaintiff subsequently brought a small claim action against the defendant, seeking damages and rescission of the sale. Finding no reversible error in the circuit court's order, the Supreme Court affirmed. View "Smith v. Pesa" on Justia Law