Pedro Soto appeals from the grant of summary judgment to CarMax Auto Superstores, Inc., in an action he filed seeking damages in connection with his purchase of a used Chevrolet Blazer. Soto sought recovery under several theories, but only his claim of breach of implied warranties is at issue in this appeal. We find that the trial court correctly ruled that Soto presented no evidence that the vehicle was defective at the time of sale, and we affirm the trial court’s grant of summary judgment to Carmax. Soto purchased the used 1997 Blazer from CarMax on May 19, 2001. At that time, the vehicle’s odometer showed that it had been driven more than 57,000 miles. At the time of purchase, Soto also received a 30-day/1,000 mile limited warranty, which appeared in CarMax’s “Buyers Guide” and was specifically incorporated into the “Buyer’s Order,” which Soto also received at the time of purchase. Immediately under the notice informing the buyer that the limited warranty brochure was specifically incorporated, the “Buyer’s Order” recited in capital letters a paragraph in which CarMax limited “ANY AND ALL IMPLIED WARRANTIES . . . TO THE DURATION OF THE WRITTEN LIMITED WARRANTY GIVEN BY CARMAX, IF ANY.”
It is undisputed that after Soto purchased the Blazer, he brought it in for repair of various items numerous times. All repairs were covered either under CarMax’s limited warranty or under an extended repair contract Soto also purchased. The first repair visit was shortly after purchase, when new windshield wipers were ordered and minor problems were corrected with the interior light and a clip on the sun visor. Shortly thereafter, the vehicle was towed in for repair because the fuel gauge was inaccurate, the wipers were again inoperable, and a serpentine engine belt was cracked. These problems were all corrected by Carmax. Subsequent problems, which included transmission slippage, air conditioner malfunction, tire problems, alternator shorting, fuel and water pump malfunctions, and trouble removing the key from the ignition, were all corrected.
