Moore v. Pro-Team Corvette Sales, Inc.

786 N.E.2d 903 (2002)

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Nature of the Case

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Facts

P signed an agreement to purchase a 1974 Corvette, as well as a separate agreement to trade in his 1975 Corvette with D. P attempted to register the 1974 Corvette and learned that the car had been reported stolen in Texas, and therefore could not be registered. The Michigan State Police subsequently confiscated the car and returned it to Texas. P sued D for negligence as well as unjust enrichment, breach of statutory warranties, and violations of Ohio's Consumer Sales Practices Act. D denied all liability, claiming that it had excluded all warranties, including the warranty of title, in the purchase agreement. D relied upon language in its contract indicating that the Corvette was being sold 'as is' and that all warranties, including the warranty of title, were excluded from the agreement. The court eventually concluded that the language contained in the agreement was sufficiently specific to permit the exclusion of the warranty of title. P appealed.