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Accettura v. Vacationland, Inc.

Illinois Supreme Court
2019 IL 124285 (2019)


Facts

Kimberly Accettura and Adam Wozniak (plaintiffs) bought an RV from Vacationland, Inc. (defendant) April 19, 2014. In June, the couple discovered a leaking window, and Vacationland repaired it. In July, the couple discovered a second leak that caused significant damage. The couple brought the RV back and Vacationland returned it to the manufacturer, but could not give a clear estimate how long repairs would take. The couple called the manufacturer, who directed them back to the dealership. On August 2, 2014, the couple verbally revoked acceptance. After the manufacturer completed repairs September 23, the couple’s attorney sent a letter again revoking acceptance, but Vacationland did not return their money. The couple sued, alleging they properly revoked acceptance under the Uniform Commercial Code (UCC). The trial court granted Vacationland summary judgment, finding the couple revoked before allowing a reasonable time to cure, and the appellate court affirmed. The Illinois Supreme Court granted review.

Rule of Law

Issue

Holding and Reasoning (Garman, J.)

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