McGlinchey's Commercial Law Bulletin is a biweekly
update of recent, unique, and impactful cases in state and federal
courts in the area of commercial litigation.
Ohio
Implied Warranty
Banks v. Shark Auto Sales LLC, 11th Dist. Trumbull,
No. 2022-Ohio-3489
In this appeal, the Eleventh Appellate District reversed the
trial court's judgment in favor of the plaintiff on her vehicle
warranty claims, finding that she was not entitled to rescind her
motor vehicle purchase.
The Bullet Point: A used motor vehicle is a
"good" for purposes of Ohio's UCC.
The sale of goods in Ohio may entail both express and implied
warranties, including the implied warranty that the goods "are
fit for the ordinary purposes for which such goods are used."
"[U]nless the circumstances indicate otherwise all implied
warranties are excluded by expressions like 'as is',
'with all faults', or other language which in common
understanding calls the buyer's attention to the exclusion
