BORGEN v. A & M MOTORS, INC.

No. S-14073.

273 P.3d 575 (2012)

Robert R. BORGEN, Appellant, v. A & M MOTORS, INC., an Alaska Corporation, Mike Morelli, a Natural Person, and Credit Union 1, Appellees.

Supreme Court of Alaska.

March 30, 2012.


Attorney(s) appearing for the Case

Robert C. Erwin , Robert C. Erwin, LLC, Anchorage, and LeRoy E. DeVeaux , DeVeaux & Associates, Anchorage, for Appellant.

Linda J. Johnson , Clapp, Peterson, Tiemessen, Thorsness & Johnson, LLC, Anchorage, for Appellees A & M Motors, Inc. and Mike Morelli.

No appearance by Appellee Credit Union 1.

Before: CARPENETI, Chief Justice, WINFREE, Justice, and MATTHEWS, Senior Justice.


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...

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