Head v. Phillips Camper Sales & Rental

FOR PUBLICATION Updated Copy April 30, 1999 In this dispute over a pop-up camper, plaintiff Mary Head appeals as of right the judgment for her on her claim under the Michigan Consumer Protection Act (MCPA), MCL 445.901 et seq.; MSA 19.418(1) et seq., and the judgment of no cause of action on her claim for revocation of acceptance. Defendant Phillips Camper Sales & Rental, Inc., cross appeals, challenging the trial court's award of costs and attorney fees. This case presents an issue of first impression regarding the effect of a seller's previous attempts to repair defective goods where the buyer revokes acceptance under MCL 440.2608(1)(b); MSA 19.2608(1)(b). We hold that, while a seller has no right to cure after the buyer revokes, the seller's efforts to repair are relevant to the determinations whether the defect substantially impaired the value of the goods and whether the buyer revoked acceptance within a reasonable time after discovering the defect. In this case, the trial court erroneously instructed the jury that defendant Phillips' attempts to repair the camper could support a defense to plaintiff's claim. We therefore affirm in part, vacate the judgment in part, and remand for further proceedings consistent with this opinion.