MCL 440.2608 Interpretation

Under MCL 440.2608; MSA 19.2608; UCC 2-608: (1) the buyer may revoke his acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to him if he has accepted it (a) on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or (b) without discovery of such nonconformity if his acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the seller's assurances. (2) Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the seller of it. (3) a buyer who so revokes has the same rights and duties with regard to the goods involved as if he had rejected them. MCL 440.2608(2); MSA 19.2608(2) requires the buyer to notify the seller of his revocation within a reasonable time after discovering the defect. In Kelynack v. Yamaha Motor Corp, 152 Mich App 105, 114; 394 NW2d 17 (1986), the Court held that notice of revocation was given within a reasonable time where the plaintiff gave notice three days after the plaintiff learned that the defendant intended to repair, rather than replace, the defective goods. Similarly, in King v. Taylor Chrysler-Plymouth, Inc, 184 Mich App 204, 211; 457 NW2d 42 (1990), the Court held that the plaintiff gave notice of revocation within a reasonable time where the plaintiff served the defendant with a complaint less than one month after the plaintiff began storing a vehicle that continued to stall after several repairs.