Trial lawyers specializing in personal injury and civil litigation
Buyer cannot "revoke" new car purchase but continue to drive vehicle or sell it without notice
In Allen v. Chrysler, LLC, the Court of Appeals upheld the dismissal of a "lemon law" consumer protection claim brought by Allen. The Court noted that by statute, a consumer who revokes a car purchase cannot act inconsistently with the claim that ownership has been repudiated. As a result, the revoking buyer cannot continue to drive the vehicle, and he or she also cannot sell it without complying with the statutory terms defining a "commercially reasonable sale." One of the latter terms is the requirement that the other party receive notice of the impending sale, which also must be conducted according to reasonable commercial practices.