Borgen v. a & M MOTORS, INC.

OPINION

MATTHEWS, Senior Justice.

The main issue presented in this case is whether under the Unfair Trade Practices and Consumer Protection Act a misrepresentation by a seller of the model year of a used motor home is subject to a defense that the misrepresentation was made in good faith. We answer in the negative because the Act clearly implies that unknowing affirmative misrepresentations of material facts will give rise to liability, and substantial authority from other jurisdictions that have similar statutes confirms this view.

I. FACTS AND PROCEEDINGS

Robert Borgen bought a used Travelaire…