Spotlight on Revocation of AcceptanceRemedies of the Buyer. L.V.R.V., Inc., sells recreational vehicles (RVs) in Las Vegas,
Question:
Spotlight on Revocation of Acceptance—Remedies of the Buyer. L.V.R.V., Inc., sells recreational vehicles
(RVs) in Las Vegas, Nevada, as Wheeler’s Las Vegas RV. In September 1997, Wheeler’s sold a Santara RV made by Coachmen Recreational Vehicle Co. to Arthur and Roswitha Waddell. The Waddells hoped to spend two or three years driving around the country, but almost immediately—and repeatedly—
they experienced problems with the RV. Its entry door popped open. Its cooling and heating systems did not work properly. Its batteries did not maintain a charge. Most significantly, its engine overheated when ascending a moderate grade.
The Waddells brought it to Wheeler’s service department for repairs. Over the next year and a half, the RV spent more than seven months at Wheeler’s. In March 1999, the Waddells filed a complaint in a Nevada state court against the dealer to revoke their acceptance of the RV. What are the requirements for a buyer’s revocation of acceptance? Were the requirements met in this case? In whose favor should the court rule? Why?
[Waddell v. L.V.R.V., Inc., 122 Nev. 15, 125 P.3d 1160 (2006)]
(See page 426.)
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