GAO sold a bus at auction. The purchaser said GAO misrepresented the condition of the bus’s paint. But CBCA found GSA had not misrepresented the paint job and had disclaimed any warranty of the bus’s condition.
First Place Auto Sales, Inc. v. General Services Administration, CBCA 7890
- The Blue Bird Bus – GSA held an auction to sell government vehicles. The claimant was the highest bidder for a Blue Bird Bus. But when the claimant received the bus, they were irate. The bus had particles glued to the surface. The particles needed to be removed, and the bus needed new paint. The claimant submitted a claim, arguing GSA misdescribed the bus’s condition. GSA denied. The claimant appealed to the CBCA.
- Claim Denied – The board denied the appeal. GSA did not make any representations about the quality of the bus’s paint. Thus, the board did not think GSA had misdescribed the condition. Also, GSA disclaimed any warranty for the condition of the vehicle in its general terms and conditions. Moreover, the claimant waived any right to complain by failing to inspect before bidding.
- Remedy – The board also noted that the damages sought—costs of repainting—were not recoverable. The only remedy allowed by the purchase agreement was reimbursement of the purchase price.
Kamalodin Toghiyani, and John Cousins of First Place Auto Sales represent the claimant. Anthony M. Giannopoulos of the General Services Administration represents the government.
--Case summary by Craig LaChance, Senior Editor
CBCA - First Place