As-Is Used Car
“As-Is” happens to be the number one term we hear in relation to the sale/purchase of a used car. Selling a vehicle “As-Is” is the dealership’s way of selling you a piece of junk and then trying to waive liability once you figure out that they sold you a piece of junk. However, just because your paperwork says “As Is” does not mean you are without legal recourse or that the “As-Is” was actually valid.
How to Determine if You Have An “As-Is” Sale
Look through your purchase paperwork and see if any of it says “As-Is.” If so, is your signature on this page? Do you recall seeing this page before you bought the car? Was there a document displayed in the window that told you the vehicle was being sold “As-Is?” Depending on where you bought the vehicle, you may have multiple pages with “As-Is” wording on it.
In reality, “As-Is” does not waive all liability. If done properly, the “As-Is” clause can waive any implied warranties. However, when it comes to auto fraud matters and suing car dealerships, the implied warranties are not on the top of our list. We are more concerned about the actual condition of the car and any fraud at the time of sale. You cannot waive fraud, negligence, or unfair trade practices through an “As-Is” document.
How to Get Around the “As-Is”
Suppose, you drove off the lot, and your car’ check engine light came on instantly. You took it back to the dealership, and he told you, “Sorry, you bought it “As-Is,” there is nothing I can do.” So, you take the car to your mechanic and he tells you that the engine block is cracked. You now may have a case against the dealership despite the “As-Is” paperwork. This is because Pennsylvania Law prevents a car dealership from selling a vehicle in a certain condition without first disclosing that condition to you. Selling the vehicle “As-Is” does not relieve the dealership of its duty to tell you about that prior condition. As such, you can get around the “As-Is” clause and sue the dealership.
The same can be said for prior accident history or prior use history as well. Pennsylvania law requires a dealership to reveal certain prior damage and certain prior use. For example, if your car has frame damage or if it was used as a rental car, the dealership has to tell you about that. Even if you bought your car “As-Is” the dealership still has to tell you about the car’s history. If not, the “As-Is” won’t stop you from suing the dealership.
The final thing to keep in mind is that most dealerships don’t properly follow the law when trying to sell you a car “As-Is.” They often use the wrong paperwork or leave out certain documents the law says they have to use. However, the dealership will still try to avoid liability by telling you, “So sorry, you bought this “As-Is.” As Auto Fraud attorneys, we know what the dealership has to do in order to properly waive liability. If you have fallen victim to a bad car sale, give us a call for a free no obligation consultation. We will evaluate your case. If we think you can sue, we will tell you what to do next. Don’t let an “As-Is” clause stop you from getting justice.