We recently won an important victory before the Georgia Court of Appeals in a revocation of acceptance case under the UCC (Uniform Commercial Code). The Court of Appeals unanimously agreed with our arguments and stated:
In this case, Mauk seeks damages for Pioneer’s failure to accept her attempted revocation under OCGA § 11-2-608 of her automobile purchase. Because the UCC does not require that a buyer tender unconforming goods to effect the revocation of a sales contract, that portion of Scott holding otherwise is hereby overruled.
The Court further reaffirmed the vitality of the revocation of acceptance remedy stating: Issues such as whether an effective revocation of acceptance was made, whether reasonable notice of revocation was given to the seller, and whether the value of the goods was substantially impaired are ordinarily matters for determination by the trier of fact, even where the buyer has continued to use nonconforming goods after an alleged revocation of acceptance.
When this matter was finally set for trial, Ford settled the case for confidential terms.
Fellow lawyers have commented as follows:
Congrats, Mike. That UCC interpretation may help others too and can be important for all of us.
Ron Burdge, Dayton, Ohio
Michael- That is a very impressive win. It’s exceptionally tough to get a court to admit its previous error, especially with outright reversal of a previous decision. Also, the two cases put together clearly stand for the proposition that you’re a determined, gutsy, really solid advocate. Your stock has just gone up a bunch more in your courts, too. Good on you! You’re setting a sterling example. We all out here tip our hats to you.
You set so many wonderful precedents and do so much to build the base of knowledge among attorneys across this state about consumer protection, you need never worry about a case that goes south. That being said, having made bad law myself — as will almost anyone who does this stuff long enough — I know how sweet the taste of that wonderful opinion is.
Law Office of A. Thomas Stubbs