Pelc v. Simmons
Illinois Appellate Court
620 N.E.2d 12 (Ill. App. 1993)
Relevant factsFree
Mark Simmons (defendant) sold Aubree Pelc (plaintiff) a used car displaying a "sold as is" sign, while telling her during negotiations that he had rebuilt the engine and that the air conditioning was the car's only problem; after Pelc experienced numerous mechanical issues and was unable to get a refund from Simmons, she sued, and the trial court ruled in her favor. Simmons appealed.
IssueFree
Whether a used car sold with a conspicuous "sold as is" sign nonetheless carries an implied warranty of merchantability or fitness based on the seller's separate factual statements about the car's condition.