On May 23, the plaintiff purchased a new car from her local dealer. The automobile was covered by both a limited warranty and a vehicle service contract (extended warranty). Following delivery, the plaintiff advised the salesperson that she had noted numerous problems with the vehicle, including the brakes and transmission, as well as cosmetic issues related to the paint job. When the brakes failed, the car was returned to the dealer for the necessary repairs. When the car was returned to the plaintiff, she discovered that the brakes had not been properly repaired and that none of the cosmetic work had been done. The car was returned several times to the dealer to correct these problems and others that developed. Within a few months of the purchase, the car was again returned to the dealer for repairs. The car remained at the dealer for several weeks. When the car was returned, the plaintiff noticed that all of the defects had not been corrected; however, the plaintiff accepted the vehicle. In the next few months the plaintiff had more problems with the vehicle. After several months and repeated efforts to repair the car, the plaintiff sent a letter to the dealer calling for rescission of the purchase, requesting return of the purchase price, and offering to return the car on receipt of shipping instructions. She received no answer and continued to drive the car. The plaintiff had no contact with the dealer for several months when she filed suit. At that time, the vehicle had been driven 12,000 miles. By the time of the trial, one year later, the car had been driven 35,000 miles.

By continuing to operate the vehicle after notifying the seller of her intent to rescind the sale, did the plaintiff waive her right to revoke her original acceptance? What instructions, if any, did the seller tender the buyer concerning return of the now rejected goods? What if the non-conformity can be completely cured pursuant to available warranties?Was the seller unduly prejudiced by the buyer's continued use?

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