Cengage Advantage Books: Business Law 9th Edition by Arnold Goldman ,William Sigismond

Exercise 15

On January 8, 2002, O'Grady purchased a new Buick from Hoselton Motors. O'Grady gave Hoselton a down payment on the car and financed the rest of the purchase price through her bank. She picked up the new car on January 10 and drove it a few places, including a local mall and to a doctor's appointment. On January 11, the car broke down and had to be towed back to Hoselton Motors for necessary repairs. She once again picked up the car on January 13, but again, it broke down and had to be towed back to Hoselton. This pattern of malfunctioning went on for several months (well into April). Each time, the car was returned to Hoselton for repairs. Finally, O'Grady wrote a letter to Hoselton's revoking the sale. She followed up by returning the car and requesting a return of her down payment. Hoselton claimed that O'Grady's request to void the contract is not a valid option because Hoselton did not have a chance to cure the defects. Is Hoselton correct?