Joswick v. Chesapeake Mobile Homes, Inc.

362 Md. 261

 

RULE:

Where no representations are made with respect to defects discovered after expiration of the stated warranty period, any action based on the warranty were too late.

FACTS:

Plaintiffs discovered leaks in the roof of their mobile home caused by the improper installation of shingles at the eaves, almost seven years after they purchased it. The mobile home was sold with an express limited warranty for 12 months from date of delivery which stated that the exclusive remedy for any defect was respondent manufacturer's duty to repair or replace, provided written notice was received from petitioners within 1 year and 10 days from date of delivery. Two years after their discovery of the defect, petitioners sued for breach of warranty and damages. Summary judgment was entered in favor of respondent on the ground the action was barred by limitations. The lower court affirmed, and petitioners sought review of the lower court's ruling.

ISSUE:

Were the plaintiffs precluded from claiming a breach of warranty against the defendant?

ANSWER:

Yes.

CONCLUSION:

In affirming the lower court's ruling, the appellate court held that because the petitioners failed to bring an action for breach of the respondent manufacturer's warranty regarding petitioners' mobile home within 4 years of the expiration of the stated warranty period of 12 months from date of delivery, the suit was precluded. Further, they found that where no representations are made with respect to defects discovered after expiration of the stated warranty period, any action based on the warranty had to be brought before the expiration of the warranty period.

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