Villanueva v. Toyota Motor Sales

In Villanueva v. Toyota Motor Sales, 373 Ill. App. 3d 800, 869 N.E.2d 866, 311 Ill. Dec. 853 (2007), the plaintiffs purchased a vehicle from Grossinger City Toyota (Grossinger). The purchase agreement contained a disclaimer stating that the vehicle was being sold "as-is." At the same time, the plaintiffs purchased a "Toyota Extra Care" extended service agreement. After Grossinger failed to repair several mechanical problems, the plaintiffs argued that Grossinger breached its implied warranty of merchantability by failing to honor the extended service contract that the plaintiffs had purchased when they bought the vehicle. The appellate court found that there was a genuine issue of material fact regarding whether Grossinger was a party to the agreement because Grossinger identified itself as the issuing and selling dealer and the extended service agreement required the plaintiffs to contact Grossinger for all repair work. Villanueva, 373 Ill. App. 3d at 803, 869 N.E.2d at 868. In Villanueva, the plaintiff did articulate how Grossinger was a party to the extended service contract. Therefore, the appellate court reversed and remanded that case to allow the trial court to determine if Grossinger was indeed a party to the extended service contract. Villanueva, 373 Ill. App. 3d at 803, 869 N.E.2d at 869.