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CASE OPENER A Nightmare of a Vacation On April 19, 2014, plaintiffs bought the RV, a new 2014 Palomino trailer, from defendant for $26,000.25. On
CASE OPENER A Nightmare of a Vacation On April 19, 2014, plaintiffs bought the RV, a new 2014 Palomino trailer, from defendant for $26,000.25. On April 25, 2014, plaintiffs took possession of the RV. In June 2014, plaintiffs discovered water leaking into the RV from the emergency-exit window. Plaintiffs brought the RV to defendant for repair; defendant repaired the RV to plaintiffs's satisfaction, at no charge. In July 2014, during a trip to Michigan, plaintiffs discovered a different leak in the RV. During a rainstorm, water leaked into the dinette area, damaging the walls and causing electrical failure. Plaintiffs brought the RV to defendant for repair on July 14, 2014. Defendant told plaintiffs that the RV needed to be sent to the manufacturer for repair. Defendant told plaintiffs that it could not estimate how long the manufacturer would take to repair the RV. On August 2, 2014, plaintiffs verbally revoked acceptance of the RV. The manufacturer had the RV in repair from approximately August 4 through September 23, 2014. On September 28, 2014, plaintiffs's attorney sent defendant a letter revoking acceptance of the RV. On October 29, 2014, plaintiffs filed a four-count complaint against defendant, alleging the following. Since they purchased the RV, it had experienced numerous mechanical problems, including (a) water leakage through a defective emergency-exit window, (b) water leakage through a defective dinette window, (c) water leakage into a paneled wall, (d) an inoperative electrical system, (e) and generally massive water leaks," which "have the potential of causing mold and serious health issues. Further, these "defects cannot be repaired. The (RV] was in repair for almost the entire summer of 2014, and still has not been repaired properly. Prior to filing this suit, Plaintiffs [sic] revoked their acceptance of the RV and canceled their contract. Defendant refused to return Plaintiffs' money." The questions that this case raises are: 1. Are these incidents a breach of contract? Or are they not material? 2. Does the perfect tender rule apply here? 3. Do these incidents constitute a breach of any of the implied warranties? 4. Does the remedy of cure apply? 5. To what extent does "cure" apply
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