Quote:
Originally Posted by SUN RA KAT
Wendy, I remember you sent me an email stating my Macedo Warranty would be void if I let anyone even look at my car - referring to Joe Donovan, who was flying in to Ohio and wanted to check why my car was so badly tuned.
I didn't let Joe look at my car so I could keep my warranty and when I asked you about my Macedo Warranty you emailed me telling me Macedo doesn't have any warranties.
I could post the emails if you would like...it looked a lot like blackmail to me.
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I find this rather amusing, see 'warranties' are funny things, and not even remotely so cut and dry.
What you are talking about is an express warranty. There are no "implied conditions" in contracts (although there are implied warranties as in this case). Your argument, in legal terms, is that M2 warranted that the goods were in a specific condition and when you inspected them they were not. As a result, the seller breached his/her express warranty concerning the nature of the goods. You may only be entitled to damages or a reduction in the price. You could have included a condition precedent in the agreement to the effect that the goods would be delivered as warranted or there would be no closing of the contract. But because you did not do that then you may be stuck with them, albeit at a lower price if the goods were something less than what was warranted (damages etc). All that notwithstanding, if there was an intentional misrepresentation of the nature or condition of the goods (which seems likely from the initial description), that would make the contract voidable (cancellable). There may also be the possibility of claiming a breach of implied warranty here.
I'm far from an attorney but find contract law rather interesting and knowing a thing or two has saved my ass in the past.
Consult an attorney.