Accettura v. Vacationland, Inc.

This case presents question as to whether trial court properly granted defendant’s motion for summary judgment in action by plaintiffs to recover purchase price of recreational vehicle that plaintiffs claimed was defective. Trial court found that plaintiffs had revoked acceptance of vehicle at time which did not provide defendant reasonable opportunity to cure any defects. Appellate Court found that “reasonable opportunity” to cure defects was defined in section 3(b) of Ill. Commercial Code, and that two-week span between time plaintiffs asked defendant to repair vehicle and time they revoked acceptance was not reasonable. Appellate Court also rejected plaintiffs contention that defendant was required to provide new vehicle under section 2-508 of UCC and further found that under section 2-608(1)(b) seller has right to cure any defects prior to buyer revoking acceptance, where, as here, defendant made such offer to cure defect.