The potential limitations of the contract term ‘As Is’ is a popular question from consumers with recently purchased vehicles that aren’t meeting expectations. The answer? Under specific circumstances, the ‘As Is’ condition doesn’t relieve the car dealership of all liability. In addition, most dealerships do not properly use ‘As Is’ clauses in their contracts and paperwork. In either case, you actually may have a legal claim.
What does ‘As Is’ really mean?
An ‘As Is’ sale only prevents you from raising implied warranty claims – meaning it does not open up a debate of whether or not the car was ‘fair value.’ However, ‘As Is’ does not protect the seller from fraud, negligence, or Unfair Trade Practices – taking into consideration the condition of the car at the time of sale, and the history of the car. For example, even if you buy a vehicle ‘As Is’, the dealership is required by law to disclose frame damage, a cracked engine block, transmission issues, and other history of the car. Pennsylvania Law also prevents a dealership from selling you a car that was previously totaled without telling you.
‘As Is’ contracts don’t always stand up in court.
Dealerships attempt to avoid liability by having you sign multiple documents. When the sale closes, you are sent home with a lot of paperwork – everything from car window stickers to the final purchasing and ‘As Is’ agreements. Even so, it’s not safe to assume the dealership followed the law. Most of the time, the dealership’s paperwork is wrong – leaving plenty of room for a valid legal case.
We know Pennsylvania and Federal Auto Laws.
From the dealership point-of-view, the term ‘As Is’ is a contract catchall: intended to mean that the car can have any defect, and the buyer cannot sue for any reason after the sale. From our point-of-view as auto fraud attorneys, Pennsylvania Law and Federal Law are very specific about ‘As Is’ auto sales.
We know how to beat unfair and illegal ‘As Is’ auto sales.
If you think you are the victim of a bad car sale, give us a call. To prepare for your initial inquiry, collect the paperwork the dealership gave you when you bought your car:
- Do any of the documents say ‘As Is’?
- Did you see each document before you bought the car?
- Was the document on the car window there when you first looked at the car?
- Did you sign any part of the document?
Contact us today. We’ll tell you whether you have a case, your chances of winning, and what to do next.