Martinez v. Prestige Imports, Inc.

Plaintiff filed a two-count small-claims complaint alleging breach of implied warranties of merchantability under the Magnuson-Moss Warranty Act and the Consumer Fraud and Deceptive Business Practices Act in a matter relating to plaintiff’s purchase of an automobile from the defendant. The circuit court found that the parties’ sales contract disclaimed any automobile warranties and entered summary judgment in favor of the defendant and plaintiff appealed. The appellate court affirmed, finding that the sales contract unambiguously disclaimed any warranty through language that the sales was “as-is.” (JORGENSEN and KENNEDY, concurring)