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Nov 18, 2014

What Makes An Effective Disclaimer?

In Raysoni v. Payless Auto Deals, LLC, Case No. S13G1826 (decided November 17, 2014), the Georgia Supreme Court offered guidance to sellers and buyers about what constitutes an effective disclaimer of warranties and representations. The Plaintiff had purchased a minivan from Payless Auto Deals. Asserting claims of common law fraud and violations of the Fair Business Practices Act, the Plaintiff alleged that the salesperson had misrepresented the vehicle as never having been damaged. The trial court had dismissed the case, finding that the complaint failed as a matter of law to state a claim, and the Georgia Court of Appeals… Read more