On September 6, 2020, Nicholas Jackson visited the Opulence Maserati dealership in Green Acres, CA and was interested in a 2019 Maserati convertible. The salesperson, Alice Lew, had worked at the Maserati dealership for about 20 years and owned a Maserati sedan herself. In fact, Alice had not owned any another type of vehicle for the last 10 years.

The convertibles odometer showed that the car had been driven 11,290 miles. Jackson asked the salesperson whether the car had been in any accidents. In response, Lew stated that the car was in like new condition and drove like a dream. Jackson took a test drive and was accompanied by Lew for the test drive. During the test drive, Lew continued to talk about the car stating that there isnt any other car like it and that its the perfect convertible for a Saturday afternoon drive and will command attention. This appealed to Jackson as he was looking for a weekend car in which he would be noticed.

Upon getting back to the dealership, Jackson signed the sales contract. His decision to buy the car was also influenced by the fact that the car was being sold under the Maserati Certified Pre-Owned (CPO) program. Maserati vehicles sold under Maseratis CPO program are required to be single-owner vehicles and not have been in any vehicle accidents. The vehicles are also required to undergo a 125-point inspection to make sure any problems are repaired before being sold at the dealership.

Problems with the drivability of the car began shortly after he took the car home. In some instances, the car would shake violently at high speeds on the highway. Jackson took the car to the dealership several times over the next 6 months to get the car repaired. Shortly after the one-year CPO warranty period expired, Jackson obtained a CARFAX report, which showed that the convertible he purchased had been in an auto accident on December 1, 2019 and that the odometer reading on the date of the accident was 17,290. After reviewing the CARFAX report, he decided to closely inspect the car for the first time and noticed that it appeared the back bumper had been repainted; a sign of the car being in an accident.

1. Discuss the breach of warranty claims that Jackson can make.
2. Do Alice Lews statements create an express warranty or are they puffery?
3. Discuss whether Opulence Maserati can avoid any liability because Jackson did not obtain the CARFAX report or inspect the car until after he bought the car?