I am looking at a scenario in which an individual has posted an ad in a newspaper for a [car] with 20,000 miles. Another individual agrees to purchase the [car]. Shortly thereafter, the buyer discovers the odometer has been rolled back 10,000 miles. The tampering did not occur with the seller, but from the previous owner. The question I am expected to answer is whether or not the UCC warranties and rememdies applies to this scenario. If I had to guess, I would say yes, the UCC does apply; however, these two individuals are not held to the same set of standards, since they are not merchants.
The warranty provisions of the UCC are found in sections 2-312 through 2-318. Read them and you will see most of them apply to all parties in a contract for the sales of goods (which I will simply refer to as contracts for the rest of my post).You can tell that because it the provision is limited to only merchants, the provision expressly says so.
Section 2-312 is the warranty of title. All but subsection (3) applies to all contracts. Subsection (3) deals with transactions in which the seller is a merchant. This warranty doesn't help the buyer in your situation as there is no issue about good title to the car.
Section 2-313 describes how express warranties are created. It applies to all contracts. But since your situation does not involve any express warranties, this provision does not help the buyer.
Section 2-314 is the implied warranty of merchantability. It applies only if the seller is a merchant of the kind of goods being sold, i.e. a used car dealer in your case. Thus, it will not help your buyer here. Even if the seller was a merchant, it's not clear that this problem would fall under the warranty of merchantability.
Section 2-315 is the implied warranty of fitness for a particular purpose. It applies to all contracts. However, this warranty does not help your buyer as the issue here is not that the seller implied the car would be good for some particular use that the buyer had in mind.
Section 2-316 describes how warranties may be disclaimed. It applies to all contracts. But nothing in your post indicates that the seller made any disclaimers, so this won't apply here.
Section 2-317 is a provision that in generally stacks two or more warranties where they exist. It applies to all contracts. But it isn't a substantive provision; it is simply a provision that states how to interpret the contact where two or more warranties exist. As a result, it does not provide the buyer relief here.
Section 2-318 extends warranties to certain third parties who are not parties to the contract. It applies to all contracts. There are three possible versions of this provision, and some states have elected not to adopt it at all. Even if the relevant state here has adopted this provision, it does not apply here since there is no third party making a claim against the seller in this transaction.
Thus, most of the UCC warranty provisions would apply to this contract. However, none of them that do apply would seem to address the particular problem that the buyer faces here of the altered odometer. State fraud laws would apply if the seller knew that the odometer was altered but nevertheless presented the car's mileage as accurate. If the seller had no knowledge of the altered odometer (e.g. he himself got taken by a seller who altered the odometer) then the buyer might not have any remedy against his seller and may have to proceed against the person that actually altered the odometer,