Cengage Advantage Books: Foundations of the Legal Environment of Business 2nd Edition by Marianne Jennings, Albert Napier, Marianne Jennings

Exercise 8

Lawrence Dorneles purchased a used 1972 Buick GSX from Mr. Carpenito. Mr. Dorneles had seen Mr. Carpenito's ad that contained a picture of the vehicle and that read as follows: "Buick 1972 GSX, not an original, as close as you can get, all new body parts, 5,000 miles on a new rebuilt 455 Stage 1, car show winner, new exhaust system, mint, tires, never seen rain or snow, garage kept, needs minor interior work, 12 bolt posi rear, hood, tachometer, rear spoiler, all replica details, must sell, $4,500.00...."
Mr. Dorneles answered the ad and spoke with Mr. Carpenito, who specifically assured Mr. Dorneles that the rebuilt engine had fewer than 5,000 miles and that the car had been "babied," among other things. Mr. Dorneles neither test-drove the vehicle nor had a mechanic inspect the vehicle prior to purchasing it. The seller provided no written warranty.
Mr. Dorneles paid $4,000 for the car and drove it from Port Chester to his home in Pelham. He left the car at home until July 17, when he registered it and was going to drive the car to Valhalla to have a mechanic inspect it. July 17 was a hot summer day. The car's engine apparently seized because of the extreme heat and had to be towed back to Pelham. The engine was removed from the Buick at a cost of $450, and another new rebuilt engine was installed at a cost of $1,152. Additional work had to be done on the car, including repairing broken rear suspension springs ($600.00), installing a new transmission ($750.00), and replacing a corroded chain cover ($174.25).
Was an express warranty given that can be the basis of recovery? Do you waive the express warranty when you do not inspect a car? [Dorneles v. Carpenito, 521 N.Y.S.2d 967 (1987).]