JOSEPH F. GIALLO, II, AND MARY B. GIALLO, APPELLANTS,
v.
NEW PIPER AIRCRAFT, INC., SIGNATURE COMBS AIRCRAFT SALES, INC., GOODRICH AVIONICS SYSTEMS, INC., A/K/A B.F. GOODRICH AVIONICS SYSTEMS, INC., APPELLEES
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A party cannot recover for fraudulent oral representations contradicted by a later written agreement, and revocation of acceptance is unavailable when a contract disclaims all warranties and sells the item 'as is'.
[1] A party cannot recover for fraudulent oral representations that are covered by or contradicted by a later written agreement.
[2] A buyer may not revoke acceptance of goods sold "as is" where the sales agreement disclaims all warranties by the seller.
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Join FLexlaw to unlock all legal intelligencePlaintiffs purchased an aircraft with an installed avionics system, which later failed to function properly. The sales contract stated the aircraft wa…
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KLEIN, J.
The Giallos purchased a Piper Saratoga from Signature Combs, a Piper aircraft dealer, and prior to taking delivery, had the dealer install a BF Goodrich Avionics System. After taking delivery, plaintiffs discovered that the avionics system could not be made to work properly and brought this lawsuit against the dealer, the manufacturer of the aircraft, and the manufacturer of the avionics system. The trial court dismissed the complaint alleging fraud and revocation of acceptance against the dealer, for failure to state a cause of action, leaving the claims against the remaining defendants pending. We affirm the dismissal.
The contract for sale between the Gial-los and the dealer provided the aircraft was sold “as is” by the dealer, incorporated a full factory warranty from the manufacturer, New Piper, and disclaimed any oral representations or warranties as to the dealer. The warranty provided by the manufacturer excluded the avionics system, which is supposed to notify a pilot of nearby aircraft. The avionics system was warranted by its own manufacturer. The sales contract for the aircraft provided in part:
This Agreement constitutes the entire agreement of the parties hereto with respect to the purchase and sale of the Aircraft and supercedes all prior representations and understandings whether written or oral. No modification, termi nation or waiver of any provision hereof shall be valid unless in writing signed by the parties.
11. Warranty disclaimer. EXCEPT AS EXPRESSLY STATED TO THE CONTRARY HEREIN, THE AIRCRAFT IS SOLD “AS IS” AND SELLER HEREBY DISCLAIMS AND MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE AIRCRAFT INCLUDING, WITHOUT LIMITATION, ITS CONDITION, DESIGN, QUALITY, CAPACITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, COMPLIANCE WITH THE REQUIREMENTS OF ANY LAW, ORDER, RULE, REGULATION, SPECIFICATION, PATENT OR CONTRACT.
SELLER SHALL NOT BE LIABLE FOR ANY DEFECT, EITHER LATENT OR PATENT, IN THE AIRCRAFT AND SHALL HAVE NO OBLIGATION OR LIABILITY IN NEGLIGENCE, STRICT LIABILITY OR OTHER TORT.
Notwithstanding these contractual provisions, the Giallos claim that the dealer, Signature Combs, committed fraud because its president orally represented that the B.F. Goodrich Avionics System would “enhance the safety of the aircraft.” We disagree. Assuming for purposes of argument that the oral statement is fraudulent, a party cannot recover for fraudulent oral representations which are covered in or contradicted by a later written agreement. Hillcrest Pac. Corp. v. Yamamura, 727 So. 2d 1058 (Fla. 4th DCA 1999).1
The Giallos also alleged a claim for revocation of acceptance under the Uniform Commercial Code, section 672.608, Florida Statutes (2002), which provides:
Revocation of acceptance in whole or in part.—
(1) The buyer may revoke her or his acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to her or him if she or he has accepted it: a) On the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured ...
Signature Combs argues that the buyers were not entitled to revocation because the sales agreement provides that the aircraft was sold “as is” and that all warranties were disclaimed by Signature Combs. It relies on Frank Griffin Volkswagen, Inc. v. Smith, 610 So. 2d 597 (Fla. 1st DCA 1992), in which Smith bought a new VW from a dealer, acknowledged that the vehicle was sold “as is,” and that the only warranties were that of the manufacturer. After suffering numerous mechanical problems, Smith sued both the manufacturer and dealer for revocation of acceptance and the First District held that revocation of the contract between the dealer and Smith was not available because there was no breach of a contractual obligation which rendered the automobile nonconforming. We agree with Frank Griffin and find it indistinguishable from the present case in any manner which would benefit the Gial-los.
Affirmed.
GUNTHER and GROSS, JJ., concur. . Signature Combs has not argued that the statement is, at most, puffing, rather than fraud. Wasser v. Sasoni, 652 So. 2d 411, 412 (Fla. 3d DCA 1995) (seller's representation that an apartment building was " 'a very good building’ requiring ‘normal type of maintenance’ ” was merely puffing and not a fraudulent misrepresentation); Mejia v. Jurich, 781 So. 2d 1175 (Fla. 3d DCA 2001) (statement by sales person that homes in development would never be sold for a lower price because developer was committed to upholding property values in the project was merely puffing). It is therefore unnecessary for us to address that question.
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Mac-Gray Servs., Inc. v. DeGEORGE, 913 So. 2d 630 (Fla. 4th DCA 2005)…han mere puffing, the contract precludes reliance on them. A party cannot recover in fraud for alleged oral misrepresentations that are adequately covered or expressly contradicted in a later written contract. See Giallo v. New Piper Aircraft, Inc., 855 So. 2d 1273, 1275 (Fla. 4th DCA 2003); Peebles v. Sheridan Healthcare, Inc., 853 So. 2d 559, 562 (Fla. 4th DCA 2003). In this contract, the purchasers specifically agreed that the seller was not guaranteeing any level of profitability or income from the machine…
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John & Elaine Rose & State Farm Ins. Co. v. ADT Sec. Servs., Inc., 989 So. 2d 1244 (Fla. 1st DCA 2008)…Woodrow Homes Fla., Inc. v. 4/46-A Corp., 850 So. 2d 536, 542-13 (Fla. 5th DCA 2003); see also Aedes Mosquito Control, Inc. v. Springer Equip., Inc., 959 So. 2d 1208, 1209 (Fla. 1st DCA 2007)(citing with approval Giallo v. New Piper Aircraft, Inc., 855 So. 2d 1273, 1275 (Fla. 4th DCA 2003)(holding that a party could not recover from aircraft dealer for allegedly fraudulent statements that the new avionics system would “enhance the safety of the aircraft” where the subsequent written agreement disclaimed any o…
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Petit Paul Dorestin and Jeannette K. Dorestin v. Hollywood Imports, Inc., 45 So. 3d 819 (Fla. 4th DCA 2010)…financing.” “Assuming for purposes of argument that the oral statement is fraudulent, a party cannot recover for fraudulent oral representations which are covered in or contradicted by a later written agreement.” Giallo v. New Piper Aircraft, Inc., 855 So. 2d 1273, 1275 (Fla. 4th DCA 2003). A FDUTPA claim cannot be stated based upon oral representations which are in contradiction of written terms of a contract, because reliance on such representations is unreasonable as a matter of law. See Mac-Gray Serv., In…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wasser v. Sasoni, 652 So. 2d 411 (Fla. 3d DCA 1995)
- Mejia v. Jurich, 781 So. 2d 1175 (Fla. 3d DCA 2001)
- Frank Griffin Volkswagen, Inc. v. Smith, 610 So. 2d 597 (Fla. 1st DCA 1992)
- Diaz v. ROS, 781 So. 2d 1175 (Fla. 3d DCA 2001)
- Susi v. ST. Andrews Country Club, Inc., 727 So. 2d 1058 (Fla. 4th DCA 1999)